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[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28407-28429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11105]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 79

[Docket ID: DOD-2011-OS-0124]
RIN 0790-AI81

Child Development Programs (CDPs)

AGENCY: Office of the Secretary, Department of Defense (DoD).

ACTION: Interim final rule.

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SUMMARY: This interim final rule updates policy, responsibilities, and 
procedures for providing care to minor children birth through age 12 
years of individuals who are eligible for care in DoD CDPs to include 
center-based care, family child care (FCC), school-age care (SAC), 
supplemental child care, and community based care; authorizes the 
publication of supporting guidance for the implementation of CDP 
policies and responsibilities, including child development training 
modules, program aids, and other management tools; and establishes the 
DoD Effectiveness Rating and Improvement System (ERIS).

DATES: Effective date: This rule is effective May 16, 2014.
    Comment date: Comments must be received by July 15, 2014.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Eddy Mentzer, 571-372-0857.

SUPPLEMENTARY INFORMATION:

Justification for Interim Final Rule

    This interim final rule provides overarching policy to the Military 
Departments in the execution of their roles in providing quality child 
development programs that ensure the safety and well-being of children 
in the DoD's care. A 2012 Secretary of Defense directed audit of 
criminal background check processes for all DoD Child and Youth 
Services personnel revealed the need areas for all applicable 
directives to be updated to ensure current and accurate policy is 
incorporated. The White House and Secretary of Defense directed a 
priority review of the management and oversight of child and youth 
programs in 2013. The review noted variation in Service-level 
approaches to oversight inspections including headquarters-level 
comprehensive inspections and installation-level fire, health, and 
safety inspections. The report recommended the OSD promulgate guidance 
to ensure standardization and clarity. Defense child development 
program staff and leadership have committed to the SECDEF and White 
House that they are committed to improving the consistency by which 
these services are delivered and to ensure the safety and well-being of 
children in our care. This interim final rule addresses these 
recommendations and creates a stronger environment of standardization 
across the services.
    This interim final rule identifies the applicability of 32 CFR part 
56, ``Nondiscrimination on the Basis of Handicap in Programs and 
Activities Assisted or conducted by the Department of Defense'' that 
implement section 504 of the Rehabilitation Act for federally conducted 
and federally assisted programs as they apply to children and youth 
with special needs. This interim final rule expands previous policy by 
(1) Requiring procedures for reviewing and making reasonable 
accommodation of children with special needs that do not fundamentally 
alter the nature of the program; (2) considering the needs of the 
child, the disability, and the environment of group care in child 
development facilities or home-based care, staffing needs and training 
requirements, and resources of the program; and (3) including Child 
Development Programs as part of the multi-disciplinary Inclusion Action 
Team that supports families of children with special needs.
    This interim final rule extends child care benefits to same-sex 
spouse of Military Service members. At the direction of the President, 
the Department has conducted a careful and deliberative review of 
benefits currently provided. The Department has now identified family 
member and dependent benefits that we can lawfully provide to same-sex 
spouse and their children through changes in DoD policies and 
regulations. These benefits shall be extended to same-sex spouse and, 
where applicable, children of same-sex spouses.

Executive Summary

I. Purpose of the Regulatory Action

    a. This interim final rule proposes to: (a) update policy, 
responsibilities, and procedures for providing care to minor children 
birth through age 12 years of individuals who are eligible for care in 
Department of Defense Child Development Programs (CDP) to include 
center-based care, family child care (FCC), school-age care (SAC),

[[Page 28408]]

supplemental child care, and community based care; (b) authorize the 
publication of supporting guidance for the implementation of CDP 
policies and responsibilities, including child development training 
modules, program aids, and other management tools; and (c) establish 
the DoD Effectiveness Rating and Improvement System (ERIS).
    b. The legal authority for the regulatory action is found in 10 
U.S.C. 1783, 1791 through 1800, 2809, and 2812.

II. Summary of the Major Provisions of the Regulatory Action In 
Question

    a. The rule combines the instructions for DoD's Child Development 
Programs and School-Age Care Programs. This will ensure continuity of 
operations among programs providing child care services to children 
from the ages of birth to 12 years.
    b. The rule implements sections 1791 through 1800 of Title 10 of 
the United States Code, commonly referred to as the Military Child Care 
Act. The updates reiterate the DoD's goal to support the personnel and 
mission of DoD by providing child development programs to eligible 
patrons and reaffirms the parent/sponsor's shared role in providing for 
the cost of child care. The rule affirms and does not alter the 
oversight requirements to ensure continued compliance with Federal 
mandates and statutory requirements and provides clarifying guidance 
related to staff qualifications, training and compensation. No changes 
were made to policy related to the early identification and reporting 
of alleged child abuse and neglect in DoD CDPs, requirements to meet 
national accreditation standards, and funding requirements as directed 
in sections 1791 through 1800 of Title 10 U.S.C.
    c. The authority to provide supporting guidance for the 
implementation of CDP policies and responsibilities, including child 
development training modules, program aids, and other management tools 
is reaffirmed with no changes.
    d. The rule establishes the DoD Effectiveness Rating and 
Improvement System (ERIS), for use in assessing facility-based child 
care in communities outside of the military installation. The ERIS is 
compatible with Thirteen Indicators of Quality Child Care: Research 
Update (Fiene, 2002) and many state licensing requirements. This 
assessment supports the States' efforts to develop and improve Quality 
Rating and Improvement Systems (QRIS) for child care programs and 
provides a foundation of research-based indicators of quality. Through 
the use of the ERIS recommendations and State QRIS and other quality 
improvement efforts, DoD can identify child care providers who meet 
quality indicators and may be eligible to receive subsidy payments to 
buy down the cost of care for military families.
    e. This rule extends benefits to same-sex domestic partners of 
Military Service members and DoD civilians, at the direction of the 
President and the Secretary of Defense.

III. Costs and Benefits

    This rule is intended to support the workforce and mission of the 
DoD. Quality child care programs within the DoD reduce the stress of 
families who have the primary responsibility for the health, safety and 
well-being of their children and help them balance the competing 
demands of family life and the DoD mission. CDPs provide access and 
referral to available, affordable, quality programs and services that 
meet the basic needs of children, from birth through age 12 years, in a 
safe, healthy, and nurturing environment.
    The DoD Child Care Program is funded through a combination of DoD 
funding and user fees charged to parents. The annual user cost is 
estimated at approximately $9,636,000 for DoD retirees and contractors. 
This total includes 235 retirees (100 in Child Development Centers and 
135 in School Age Programs) and 2,174 contractors (1,583 in Child 
Development Centers and 591 in School Age Programs). The annual cost is 
estimated at $4,000 per child. The user cost varies and is determined 
by calculating total family income. Costs for the annual reporting 
requirement as estimated to be $24,000 per year (all costs are 
attributed to the Military Services). The vast majority of users are 
made up of military members. Other user groups are active duty military 
and DoD Civilians.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''
    It has been determined that 32 CFR part 79 is a significant 
regulatory action as it does raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in these Executive Orders.
    However, 32 CFR part 79 does not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Adversely affect in a material way the economy; a section of 
the economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (3) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (4) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
    It has been certified that 32 CFR part 79 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 United States Code 
(U.S.C.) 601)
    It has been certified that 32 CFR part 79 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Costs are to the users of the child development 
facilities. The vast majority of users are made up of military members. 
Other user groups are DoD Civilians, retirees and contractors.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
    Sections 79.6(c)(2)(i)(A) and 79.6(c)(6) of this interim final rule 
contain information collection requirements. DoD has submitted the 
following proposal to OMB under the provisions of the Paperwork 
Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (a) 
whether the proposed collection of information is necessary for the 
proper performance of the functions of DoD, including whether the 
information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology.
DD FORM 2606
    Title: Department of Defense Child Development Program Request for 
Care Record.
    Type of Request: New.
    Number of Respondents: Approximately 2,500 annually.
    Responses per Respondent: 1.
    Annual Responses: Approximately 2,500.
    Average Burden per Response: 10 minutes.

[[Page 28409]]

    Annual Burden Hours: 416 hours.
    Needs and Uses: To collect applicant information for CDPs and place 
applicants on waiting lists for program services. Information compiled 
from applicants is also used to assist management determination of 
effectiveness of present and projection of future program requirements.
    Affected Public: Patrons at DoD CDPs.
    Frequency: Once, upon request for care at DoD CDPs and annually 
thereafter.
    Respondent's Obligation: Disclosure is voluntary; however, failure 
to furnish requested information will result in an incomplete request 
for care record and possible loss of placement on CDP waiting lists.
DD FORM 2652
    Title: Application for Department of Defense Child Care Fees.
    Type of Request: New.
    Number of Respondents: Approximately 2,500 annually.
    Responses per Respondent: 1.
    Annual Responses: Approximately 2,500.
    Average Burden per Response: 10 minutes.
    Annual Burden Hours: 416 hours.
    Needs and Uses: A family's child care fee category is determined 
based on an initial and subsequent annual verification of total family 
income (TFI). Families pay the child care fee assigned to that TFI 
category. A family's fees may only be adjusted once per year, with 
exceptions listed in paragraph (c)(2)(i)(E) of this section. Total 
Family Income is determined utilizing DD Form 2652.
    Affected Public: Patrons at DoD CDPs.
    Frequency: Once, upon initial enrollment at DoD CDPs and annually 
thereafter.
    Respondent's Obligation: Disclosure is voluntary; however, failure 
to furnish requested information will result in the respondent being 
placed in the highest category for CDP fees.
DD FORM X656
    Title: Basic Criminal History and Statement of Admission.
    Type of Request: New.
    Number of Respondents: Approximately 5,000 annually.
    Responses per Respondent: 1.
    Annual Responses: 5,000.
    Average Burden per Response: 10 minutes.
    Annual Burden Hours: 832 hours.
    Needs and Uses: The form will be used to collect general 
information in regards to criminal background checks, prior convictions 
for crimes and references, which, by law, are required for child care 
workers. Additionally, the form will be used to track statements of 
conviction on an annual basis.
    Affected Public: Applicants to DoD CDPs.
    Frequency: Once, upon initial application and annual 
recertification thereafter.
    Respondent's Obligation: Required to obtain or retain benefits; 
failure to furnish requested information or providing incorrect 
information will result in the individual being prevented from working 
within a DoD CDP.
    OMB Desk Officer:
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, DoD Desk Officer, Room 10102, New Executive 
Office Building, Washington, DC 20503, with a copy to Eddy Mentzer at 
the Office of the Deputy Assistant Secretary of Defense, Military 
Community and Family Policy, Office of Children and Youth, 4800 Mark 
Center Drive--Room 3G015, Alexandria, VA 22350. Comments can be 
received from 30 to 60 days after the date of this notice, but comments 
to OMB will be most useful if received by OMB within 30 days after the 
date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
    * Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Eddy Mentzer, Office of the Deputy 
Assistant Secretary of Defense, Military Community and Family Policy, 
Office of Children and Youth, 4800 Mark Center Drive--Room 03G15, 
Alexandria, VA 22350. Phone: 571.372.0857.
Executive Order 13132, ``Federalism''
    It has been certified that 32 CFR part 79 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 79

    Child development programs, Child welfare, Infants and children.

    Accordingly, 32 CFR part 79 is added to read as follows:

PART 79--CHILD DEVELOPMENT PROGRAMS (CDPs)

Sec.
79.1 Purpose.
79.2 Applicability.
79.3 Definitions.
79.4 Policy.
79.5 Responsibilities.
79.6 Procedures.

    Authority: 10 U.S.C. 1783, 1791 through 1800, 2809, and 2812.

Sec.  79.1  Purpose.

    This part:
    (a) Reissues DoD Instruction (DoDI) 6060.2 in accordance with the 
authority in DoD Directive (DoDD) 5124.02, ``Under Secretary of Defense 
for Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf) and DoD Instruction 
1342.22, ``Military Family Readiness'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134222p.pdf) and the 
requirements of DoDD 1020.1
    (b) Updates established policy, assigns responsibilities, and 
prescribes procedures for providing care to minor children (birth 
through age 12 years) of individuals who are eligible for care in DoD 
CDPs. This includes:
    (1) Center-based care and community-based care.
    (2) Family child care (FCC).
    (3) School-age care (SAC).
    (4) Supplemental child care.
    (c) Cancels DODI 6060.3
    (d) Implements 10 United States Code (U.S.C.) 1791 through 1800.
    (e) Authorizes the publication of supporting guidance for the 
implementation of CDP policies and responsibilities, including child 
development training modules, program aids, and other management tools.
    (f) Establishes the DoD Effectiveness Rating and Improvement System 
(ERIS), in accordance with 10 U.S.C. 1791 through 1800.

Sec.  79.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint

[[Page 28410]]

Staff, the Combatant Commands, the Office of the Inspector General of 
the Department of Defense, the Defense Agencies, the DoD Field 
Activities, and all other organizational entities within the DoD 
(hereinafter referred to collectively as the ``DoD Components'').

Sec.  79.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    Accreditation. Verification that a CDP has been assessed by an 
appropriate, external national accrediting body and meets the standards 
of quality established by that body.
    Affiliated family child care (FCC). Home-based child care services 
that are provided by licensed individuals in homes located off of the 
installation, who agree to comply with the standards outlined in this 
part.
    Appropriated funds (APF). Funds appropriated by Congress and 
received by the U.S. Government as tax dollars.
    APF employees. Civilian employees hired by DoD Components with APF. 
Includes temporary employees, 18 years or older.
    Caregiver. For the purpose of determining priority, a parent or an 
individual who performs the functions of a parent.
    Caregiving personnel. Civilian employees of a CDP who are directly 
involved with the care and supervision of children and are counted in 
the staff to child ratios.
    Child development program (CDP). Child care services for children 
of DoD personnel from birth through 12 years of age.
    CDP employee. A civilian employed by the DoD to work in a DoD CDP 
(regardless of whether the employee is paid from APF or NAF).
    Child(ren). A person under 18 years of age for whom a parent, 
guardian, or foster parent, is legally responsible.
    Child care fees. NAF derived from fees paid by Military members and 
other authorized users of child care services provided at a military 
CDC or other DoD-approved facility-based CDP. Also referred to as user 
fees or parent fees.
    Child care hour. One hour of care provided to one child. If a 
provider cares for six children for 10 hours, that is the equivalent of 
60 child care hours.
    Combat related wounded warrior. A term referring to the entire 
population of wounded, ill and injured Service members and veterans who 
have incurred a wound, illness, or injury for which the member was 
awarded the Purple Heart or whose wound, illness, or injury was 
incurred as a direct result of armed conflict or while engaged in 
hazardous service or in the performance of duty under conditions 
simulating war, or through an instrumentality of war.
    Direct care personnel. Staff members whose main responsibility 
focuses on providing care to children and youth.
    DoD CDP Employee Wage Plan. The wage plan that uses a NAF pay 
banding system to provide direct service personnel with rates of pay 
substantially equivalent to other employees at the installation with 
similar training, seniority, and experience. Pay increases and 
promotions are tied to completion of training. Completion of training 
is a condition of employment. This wage plan does not apply to CDPs 
constructed and operated by contractors under DoDI 1015.15, 
``Establishment, Management and Control of Nonappropriated Fund 
Instrumentalities and Financial Management of Supporting Resources'' 
(see http://www.dtic.mil/whs/directives/corres/pdf/101515p.pdf).
    DoD Certification to Operate. Certification issued to each DoD CDP 
after the program has been inspected by a representative(s) of the DoD 
Component or a major command, and found to be in compliance with DoD 
standards in Sec.  79.6, paragraphs (a), (c)-(f), (i) and (j).
    DoD Child Abuse and Safety Hotline. A hotline (found at DoD's 
Military Homefront Web site) required by 10 U.S.C. 1794 that enables 
parents and visitors to anonymously report suspected child abuse or 
safety violations at a military CDP or home.
    Eligible patron. Patrons who qualify for CDP services, to include 
active duty Military Service members, DoD civilian employees paid from 
APF and NAF, Reserve Component Military Service members on inactive 
duty training, combat related wounded warriors, surviving spouses of 
military members who died from a combat related incident, eligible 
employees of DoD contractors, other Federal employees, and those acting 
in loco parentis of the aforementioned eligible patrons.
    Eligible employee of a DoD contractor. An employee of a DoD 
contractor or subcontractor, or individual under contract or 
subcontract to DoD, who requires physical access to DoD facilities at 
least two days out of a work week.
    Facility-based program. Refers to child care that is provided 
within a building, structure, or other improvement to real property. 
Does not include FCC homes.
    Family child care (FCC). Home-based child care services that are 
provided for Military Service members, DoD civilian employees, or 
eligible employees of a DoD contractor by an individual who is 
certified by the Secretary of the Military Department or Director of 
the Defense Agency or DoD Field Activity concerned as qualified to 
provide those services, and provides those services for 10 hours or 
more per week per child on a regular basis for compensation. Also 
referred to as family home day care, family home care, child 
development homes, and family day care.
    FCC administrator. DoD civilian employees or contract personnel, 
either APF or NAF, who are responsible for FCC program management, 
training, inspections, and other services to assist FCC providers. 
Includes program directors, monitors, outreach workers, United States 
Department of Agriculture (USDA) CACFP monitors, and administrative 
personnel.
    FCC provider. An individual 18 years of age or older who provides 
child care for 10 hours or more per week per child on a regular basis 
in his or her home with the approval and certification of the 
commanding officer, and has responsibility for planning and carrying 
out a program that meets the children's needs at their various stages 
of development and growth.
    Family member. For a Military Service member, the member's spouse 
or unmarried dependent child, or an unmarried dependent child of the 
member's spouse. For an eligible DoD civilian employee or eligible 
employee of a DoD contractor, the employee's spouse or same-sex 
domestic partner, or unmarried dependent child of the employee, 
employee's spouse, or the employee's same-sex domestic partner.
    Financial hardship. A severe hardship resulting from, but not 
limited to: Sudden and unexpected illness or accident of the spouse or 
the same-sex domestic partner of an eligible DoD Civilian employee; 
loss of the spouse's or eligible DoD Civilian's same-sex domestic 
partner's employment or wages; property damage not covered by 
insurance; extraordinary and unforeseeable circumstances arising as a 
result of events beyond the control of the patron.
    Full-day care. This care meets the needs of parents working outside 
the home who require child care services 6 hours or more per day on a 
regular basis, usually at least 4 days per week.
    Hourly care. Care provided in a CDP that meets the needs of parents 
requiring short-term child care services on an intermittent basis. 
Hourly care includes on-site group care.
    Individual with a disability. A handicapped person as defined in 32 
CFR part 56, in accordance with 29 U.S.C. 705, also known as ``Section 
7 of

[[Page 28411]]

The Rehabilitation Act of 1973,'' as amended, and consistent with 42 
U.S.C. 12102, also known as ``The Americans with Disabilities Act, as 
amended''. Synonymous with the phrase ``person with a disability.''
    Identification Action Team. A multidisciplinary team that supports 
families of children with special needs that consider the needs of the 
child, the disability, and the environment of group care in child 
development facilities or home-based care, staffing needs and training 
requirements, and the resources of the program.
    Infant. A child, aged birth through 12 months.
    In loco parentis. In the place or position of a parent. An ``in 
loco parentis'' relationship is one in which a person takes on the role 
of a lawful parent by assuming the obligations and discharging the 
duties of a parent without formally becoming an adoptive parent or 
legal guardian. The child(ren) must reside with and be supported by the 
person. A special power of attorney to act ``in loco parentis'' is 
required to be on file.
    Military approved community based program. Military approved child 
care available to geographically dispersed eligible families.
    Military CDP facility. A facility on a military installation or 
operated by a DoD Component at which child care services are provided 
for Military Service members or DoD civilian employees or any other 
facility at which such child care services are provided that is 
operated by the Secretary of a Military Department.
    Military installation. Defined in 32 CFR 238.3.
    Mixed-age group. A group of children that includes children from 
more than one age group.
    Multidisciplinary inspection team. An inspection team led by a 
representative of the installation commander with authority to verify 
compliance with standards.
    Non-appropriated funds (NAF). Funds derived from CDP fees paid by 
eligible patrons.
    NAF employees. Civilian employees hired by DoD Components and 
compensated from NAFI funds. Includes temporary employees, 18 years or 
older.
    Off-site group care. An option which provides child care on an 
occasional rather than a daily basis and allows on-site hourly group 
care when parents of children in care are attending command functions 
in the same facility.
    On-site group care. A child care program that provides on-site 
hourly group child care when a parent or guardian of the children in 
care are attending the same function and are in the same facility.
    Operational hardship. A program's inability to operate at full 
capacity due to documented staffing shortages.
    Parent. The biological father or mother of a child; a person who, 
by order of a court of competent jurisdiction, has been declared the 
father or mother of a child by adoption; the legal guardian of a child; 
or a person in whose household a child resides at least 25 percent of 
the time in any month, provided that such person stands in loco 
parentis to that child and contributes at least one-half of the child's 
support.
    Parent board. A group established pursuant to 10 U.S.C. 1783 and 
1795 comprised of parents who are also Military Service members, 
retired Military Service members, or spouses of Military Service 
members or retired Military Service members of children attending DoD 
CDPs, including FCC. This board shall act in an advisory capacity, 
providing recommendations for improving services. The board shall meet 
periodically with staff of the CDP. The board, with the advice of the 
program staff, shall be responsible for developing and overseeing the 
implementation of the parent participation program in accordance with 
10 U.S.C. 1795.
    Parent participation plan. A planned group of activities and 
projects established by the Parent Board to encourage parents to 
volunteer in CDPs, including special events and activities (such as 
field trips, holiday events, and special curriculum programs), small 
group activities, special projects (such as playground improvement, 
procurement of equipment, and administrative aid), and parent education 
programs and training workshops to include child abuse prevention 
education for parents.
    Part-day care. This care meets the needs of parents working outside 
the home who require child care services on a seasonal or regularly 
scheduled part-day basis for fewer than 6 hours per day, usually fewer 
than 4 days per week.
    Preschool-age. Children 36 months through 5 years of age.
    Pre-toddler. A child 13 months through 24 months of age.
    Qualifying children. Children of an eligible patron or their spouse 
or the same-sex domestic partner of eligible DoD civilian employees.
    Resource and referral (R&R). A service that provides information 
about child care services on and off the installation to meet patrons' 
child care needs and maximize use of available sources of child care.
    Respite child care. Care for children that provides a parent or 
guardian temporary respite from their role as a primary caregiver.
    Same-sex domestic partner. A person in a same-sex domestic 
partnership with a uniformed service member, civilian employee or 
employee of a DoD contractor of the same-sex.
    Same-sex domestic partnership. A committed relationship between two 
adults of the same-sex in which the partners:
    (1) Are each other's sole same-sex domestic partner and intend to 
remain so indefinitely;
    (2) Are not married (legally or by common law) to, joined in civil 
union with, or in a same-sex domestic partnership with anyone else;
    (3) Are at least 18 years of age and mentally competent to consent 
to contract;
    (4) Share responsibility for a significant measure of each other's 
common welfare and financial obligations;
    (5) Are not related in a way that, if they were of opposite sex, 
would prohibit legal marriage in the state or U.S. jurisdiction in 
which they reside; and,
    (6) Maintain a common residence and intend to continue the 
arrangement (or would maintain a common residence but for the 
requirements of military service, an assignment abroad, or other 
employment-related, financial, or similar obstacle).
    School age care (SAC). Either facility-based or home-based care for 
children ages 6-12, or those attending kindergarten, who require 
supervision before and after school, or during duty hours, school 
holidays, or school closures.
    School-age children. Children aged 6 years through 12, or attending 
kindergarten through sixth grade, enrolled in a SAC program.
    Screen time. Time spent watching television, playing video games, 
or on the computer.
    Special needs. Children with special needs are children who may 
need accommodations to make child care accessible or may otherwise 
require more than routine and basic care; including children with or at 
risk of disabilities, chronic illnesses and physical, developmental, 
behavioral, or emotional conditions that require health and related 
services of a type or amount beyond that required by children in 
general.
    Staff:child ratio. The number of children for whom individual 
caregiving personnel or FCC providers shall be responsible.

[[Page 28412]]

    Sudden Infant Death Syndrome (SIDS). The sudden, unexplained death 
of an infant younger than 1 year old.
    Supplemental child care. Child care programs and services that 
augment and support CDC and FCC programs to increase the availability 
of child care for military and DoD civilian employees. These may 
include, but are not limited to, resource and referral services, 
contract-provided services, short-term, hourly child care at 
alternative locations, and interagency initiatives.
    Support staff. Person(s) responsible for providing services not 
directly related to direct child care services, such as, but not 
limited to, janitorial, food service, clerical, and administrative 
duties.
    Surviving spouse. A spouse of a Service member who dies on active 
duty, active duty training, inactive duty training, or within 120 days 
after release from active duty if the death is due to a service-related 
disability.
    Third party administrator (TPA). An independent organization or 
entity contracted to perform identified services on behalf of the plan 
administrator. These services may include clerical and administrative 
functions such as enrollment and claims administration, payment of 
subsidies to providers and information services.
    Toddler. A child between the ages of 24 and 36 months of age.
    Total family income (TFI). Includes all earned income including 
wages, salaries, tips, long-term disability benefits, voluntary salary 
deferrals, basic allowance for housing Reserve Component/Transit (BAH 
RC/T) and subsistence allowances and in-kind quarters and subsistence 
received by a Military Service member, civilian employee, a spouse, or, 
in the case of an eligible DoD civilian employee, the same-sex domestic 
partner, and anything else of value, even if not taxable, that was 
received for providing services. BAH RC/T and subsistence allowances 
mean the Basic Allowance for Quarters and the Basic Allowance for 
Subsistence received by military personnel and civilian personnel when 
provided (with respect to grade and status) and the value of meals and 
lodging furnished in-kind to military personnel residing on military 
bases.
    Training & curriculum specialist--Personnel whose main 
responsibility is providing training and oversight to other CDC or SAC 
employees.
    Unmet need. The number of children whose parents cannot work 
outside the home because child care is not available.
    Waiting list. List of children waiting for a CDP space and whose 
parents have requested space in a CDP and none is available.

Sec.  79.4  Policy.

    In accordance with DoD Instruction 1342.22, and 10 U.S.C. 1783, 
1791 through 1800, 2809, and 2812, it is DoD policy to:
    (a) Ensure that the CDPs support the mission readiness, family 
readiness, retention, and morale of the total force during peacetime, 
overseas contingency operations, periods of force structure change, 
relocation of military units, base realignment and closure, and other 
emergency situations (e.g. natural disasters, and epidemics). Although 
child care supports working parents, it is not an entitlement and 
parents must pay their share of the cost of child care.
    (b) Reduce the stress of families who have the primary 
responsibility for the health, safety and well-being of their children 
and help them balance the competing demands of family life and the DoD 
mission. CDPs provide access and referral to available, affordable, 
quality programs and services that meet the basic needs of children, 
from birth through 12 years of age, in a safe, healthy, and nurturing 
environment.
    (c) Conduct an annual internal certification process to ensure that 
all installation-operated CDPs are operating in accordance with all 
applicable Federal mandates and statutory requirements.
    (d) Provide child care to support the personnel and the mission of 
DoD. Eligibility is contingent on the status of the sponsor.
    (1) Eligible patrons include:
    (i) Active duty military personnel
    (ii) DoD civilian employees paid from either appropriated funds 
(APF) or non-appropriated funds (NAF).
    (iii) Reserve Component military personnel on active duty or 
inactive duty training status.
    (iv) Combat related wounded warriors.
    (v) Surviving spouses of Military members who died from a combat 
related incident.
    (vi) Those acting in loco parentis for the dependent child of an 
otherwise eligible patron.
    (vii) Eligible employees of DoD contractors.
    (viii) Others authorized on a space available basis.
    (2) In the case of unmarried, legally separated parents with joint 
custody, or divorced parents with joint custody, children are eligible 
for child care only when they reside with the Military Service member 
or eligible civilian sponsor at least 25 percent of the time in a month 
that the child receives child care through a DoD program. There may be 
exceptions as addressed in Sec.  79.6.
    (e) Promote the cognitive, social, emotional, cultural, language 
and physical development of children through programs and services that 
recognize differences in children and encourage self-confidence, 
curiosity, creativity, self-discipline, and resiliency.
    (f) Employ qualified direct program staff whose progression from 
entry level to positions of greater responsibility is determined by 
training, education, experience, and competency. Ensure that civilian 
employees maintain their achieved position and salary as they move 
within the military child care system.
    (g) Certify qualified FCC providers who can support the mission 
requirements of the installation.
    (h) Facilitate the availability and expansion of quality, 
affordable, child care off of military installations that meet the 
standards of this part to ensure that geographically dispersed eligible 
families have access to legally operating military-approved community-
based child care programs.
    (i) Promote the early identification and reporting of alleged child 
abuse and neglect in DoD CDPs in accordance with DoD Directive 6400.1, 
``Family Advocacy Program (FAP)'' (see http://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf).
    (j) Ensure that funding is available to meet Military Child Care 
Act requirements pursuant to 10 U.S.C. 1791 through 1800 and protect 
the health, safety, and well-being of children in care.

Sec.  79.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Readiness and Force 
Management (ASD(R&FM)), under the authority, direction, and control of 
the USD (P&R) shall:
    (1) Monitor compliance with this part by personnel under his or her 
authority, direction, and control.
    (2) Annually review and issue a child care fee policy based upon 
total family income (TFI) for use by programs in the DoD child 
development system of care.
    (b) The Deputy Assistant Secretary of Defense for Military 
Community and Family Policy (DASD(MC&FP)), under the authority, 
direction, and control of the ASD(R&FM), shall:
    (1) Work across functional areas of responsibility and collaborate 
with other federal and non-governmental organizations to ensure access 
to a continuum of quality, affordable CDPs.

[[Page 28413]]

    (2) Program, budget, and allocate funds and other resources to meet 
the objectives of this part.
    (3) Issue DD Form 2636, ``Child Development Program, Department of 
Defense Certificate to Operate,'' to the Military Departments for each 
CDP found to be in compliance with this part.
    (4) Require that the policies and related documents are updated and 
relevant to the program.
    (5) Report DoD Component program data to support legislative, 
research, and other requirements.
    (c) The Heads of the DoD Components shall:
    (1) Establish implementing guidance and ensure full implementation 
within 12 months of the publication date, consistent with this part, to 
monitor compliance through regular inspection of CDPs and follow-up 
oversight actions as needed.
    (2) Program, budget, and allocate funds and other resources to meet 
the requirements of this part.
    (3) Establish a priority system for all patrons seeking to enroll 
children in CDPs in accordance with paragraph (a) of Sec.  79.6.
    (4) Assess DoD Component demand and take appropriate action to 
address the child care capability needed on and off the installation in 
accordance with paragraph (g) of Sec.  79.6.
    (5) Establish a hardship waiver policy to address financial and 
operational situations.
    (6) Submit fiscal year annual summary of operations reports to the 
DASD(MC&FP) by December 30 of each year using Report Control Symbol DD-
P&R(A) 1884, ``Department of Defense Child Development Program (CDP) 
Annual Summary of Operations.''
    (7) Require that background checks are conducted for individuals 
who have contact with children in DoD CDPs in accordance with DoDI 
1402.5, ``Criminal History Background Checks on Individuals in Child 
Care Services'' (available at http://www.dtic.mil/whs/directives/corres/pdf/140205p.pdf) and 32 CFR part 86 and paragraph (c)(1) of 
Sec.  79.6.
    (8) Require that all individuals who have contact with children in 
a DoD CDP complete a DD Form X656 ``Basic Criminal History and 
Statement of Admission''.
    (9) Require that each CDP establishes a Parent Board in accordance 
with 10 U.S.C. 1783 and 1795.
    (10) Forward the results of DoD Component inspections to the 
DASD(MC&FP).
    (11) Ensure that all incidents that occur within a DoD CDP and 
involve allegations of child abuse or neglect, revocation of 
accreditation, or hospitalization of a child, are reported to DASD 
(MC&FP) through the Office of Family Policy (OFP/CY) within 72 hours of 
the incident.
    (12) Notify the DASD(MC&FP) through OFP/CY if, at any time, a 
facility in the CDP is closed due to a violation (see paragraph 
(c)(4)(ii) of Sec.  79.6, for more information on violations).
    (13) Provide the DASD(MC&FP) through OFP/CY with a copy of 
applications made in accordance with DoD Instruction 5305.5, ``Space 
Management Procedures, National Capital Region'' (see http://www.dtic.mil/whs/directives/corres/pdf/530505p.pdf) and 40 U.S.C. 590 
to the U.S. General Services Administration (GSA) for building space 
for use in providing child care for DoD personnel, and comply with GSA 
standards for funding and operation of child care programs in GSA-
controlled space.
    (i) Where the DoD is the sole sponsoring agency and the space has 
been delegated to the DoD by the GSA, the space must comply with the 
requirements prescribed in this part.
    (ii) For the National Capital Region, space acquisition procedures 
in DoD Instruction 5305.5 shall be used to gain the assignment of space 
in Government-owned or Government-leased facilities from the GSA.
    (14) Require that CDPs follow the recommendations of the Advisory 
Committee on Immunization Practices (ACIP) and comply with generally 
accepted practices endorsed by the American Academy of Pediatrics (AAP) 
and Centers for Disease Control or the latest guidance provided by OFP/
CY.
    (15) Establish and implement DoD Component-specific child care fees 
based on the DoD-issued fee policy on an annual basis, and issue 
supplemental guidance on fees for school-age programs, hourly care, 
preschool programs, DoD Component approved community-based programs, 
and FCC subsidies. Submit DoD Component-specific requests for waiver 
for any deviation from DoD policy, including selection of the high or 
low cost fee option, to the Office of the DASD (MC&FP) through OFP/CY 
for approval.
    (16) Establish guidelines for communication between command, 
installation, and educational and behavioral support systems.
    (17) Require that all military installations under their authority 
follow guidance that addresses the ages and circumstances under which a 
child under 13 years of age can be left at home alone without adult 
supervision, also known as a ``home alone policy,'' or ``self-care 
policy.'' The installation commander should approve this policy in 
consultation with the installation director of the Family Advocacy 
Program. Guidance is consistent with or more stringent than applicable 
laws and ordinances of the State and country in which the installations 
are located.
    (18) Establish guidance and operating procedures to provide 
services for children with special needs in accordance with 32 CFR part 
56, ``Nondiscrimination on the Basis of Handicap in Programs and 
Activities Assisted or conducted by the Department of Defense'' that 
implement section 504 of the Rehabilitation Act for federally conducted 
and federally assisted programs and 42 U.S.C. 12102, ``The American 
Disabilities Act'' as they apply to children and youth with special 
needs.
    (i) Require procedures for reviewing and making reasonable 
accommodation for children with special needs that do not fundamentally 
alter the nature of the program.
    (ii) Consider the needs of the child, the disability, and the 
environment of group care in child development facilities or home-based 
care, staffing needs and training requirements, and the resources of 
the program.
    (iii) Include CDPs as part of the Multidisciplinary Inclusion 
Action Team that supports families of children with special needs.
    (19) Establish guidance and operating procedures to provide 
services for children of the deployed.
    (20) Establish standard risk management procedures for responding 
to emergency or contingency situations. This includes, but is not 
limited to, natural disasters, pandemic disease outbreaks, allegations 
of child abuse or neglect, active shooter, or an installation or 
facility lockdown.
    (21) Require that vehicles used to transport children comply with 
Federal motor vehicle safety standards in accordance with 49 U.S.C. 
30125 and applicable State or host nation requirements.
    (22) Notify applicable civilian patrons annually of their potential 
tax liability associated with child care subsidies, and ensure that 
information required by the third party administrator (TPA) is provided 
in accordance with 26 U.S.C. 129.
    (23) Require that a current plan to implement direct cash subsidies 
to military-approved child care providers to expand the availability of 
child care spaces and meet specialized child care needs, such as 
weekend and evening care, special needs, deployment

[[Page 28414]]

support, and respite child care support, is in place.
    (d) The Secretaries of the Military Departments, in addition to the 
responsibilities in paragraph (c) of this section, shall:
    (1) Work with the Heads of the DoD Components to implement CDPs in 
accordance with this part.
    (2) Notify the OFP/CY of any Service-wide specific requirements 
that will require a waiver to deviate from existing policy.
    (e) The Installation Commanders (under the authority, direction, 
and control of the Secretary of the Military Department concerned) 
shall:
    (1) Require that CDPs within his or her jurisdiction are in 
compliance with this part.
    (2) Require that child care fees are used in accordance with DoD 
Instruction 5305.5 and paragraph (c)(2) of Sec.  79.6.
    (3) Require that CDP direct program staff are paid in accordance 
with Volume 1405 of DoD Instruction 1400.25, ``DoD Civilian Personnel 
Management System: Nonappropriated Fund (NAF) Pay and Allowances'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/1400.25-V1405.pdf). Ensure 75 percent of the program's direct program staff 
total labor hours are paid to direct program staff who are in benefit 
status.
    (4) Require that there are adequate numbers of qualified 
professional staff to manage the CDPs according to the Service manpower 
and child space staffing requirements and referenced in paragraphs (c) 
and (d) of Sec.  79.6 of this part.
    (5) Manage child care priority policy, as directed by their 
respective DoD Component.
    (6) Manage hardship waiver policy (financial and operational), as 
directed by their respective DoD Component.
    (7) Review and validate the demand for installation child care 
capacity and take appropriate action to expand the availability of care 
as needed. See paragraph (h) of Sec.  79.6 of this part.
    (8) Convene a Parent Board, and ensure that a viable Parent 
Participation Program is in accordance with 10 U.S.C. 1783 and 1795.
    (9) Implement mandated annual and periodic inspections and complete 
required corrective and follow-up actions within timeframes specified 
by their respective DoD Component.
    (f) Directors of the Defense Agencies and DoD Field Activities. In 
addition to the responsibilities in paragraph (c) of this section, the 
Directors of the Defense Agencies and DoD Field Activities shall:
    (1) Require that CDPs within his or her jurisdiction are in 
compliance with this part.
    (2) Require that child care fees are used in accordance with DoD 
Instruction 5305.5 and paragraph (c)(2) of Sec.  79.6.
    (3) Require that CDP direct program staff are paid in accordance 
with Volume 1405 of DoD Instruction 1400.25. Ensure 75 percent of the 
program's direct program staff total labor hours are paid to direct 
program staff who are in benefit status.
    (4) Require that there are adequate numbers of qualified 
professional staff to manage the CDPs according to the Service manpower 
and child space staffing requirements and referenced in paragraphs (c) 
and (d) of Sec.  79.6 of this part.
    (5) Manage child care priority policy, as directed by their 
respective DoD Component.
    (6) Manage hardship waiver policy (financial and operational), as 
directed by their respective DoD Component.
    (7) Review and validate the demand for installation child care 
capacity and take appropriate action to expand the availability of 
care, as needed. See paragraph (h) of Sec.  79.6 of this part.
    (8) Convene a Parent Board, and require that a viable Parent 
Participation Program is in accordance with 10 U.S.C. 1783 and 1795.
    (9) Implement mandated annual and periodic inspections and complete 
required corrective and follow-up actions within timeframes specified 
by their respective DoD Component.

Sec.  79.6  Procedures.

    (a) Priority System. To the extent possible, CDPs shall be offered 
to the qualifying children of eligible patrons.
    (1) Priority 1. The highest priority for full-time care shall be 
given to qualifying children from birth through 12 years of age of 
combat related wounded warriors, child development program direct care 
staff, single or dual active duty Military Service members, single or 
dual DoD civilian employees paid from APF and NAF, surviving spouses of 
military members who died from a combat related incident, and those 
acting in loco parentis on behalf of the aforementioned eligible 
patrons. With the exception of combat related wounded warriors, ALL 
eligible parents or caregivers residing with the child are employed 
outside the home.
    (2) Priority 2. The second priority for full-time care shall be 
given equally to qualifying children from birth through 12 years of age 
of active duty Military Service members, DoD civilian employees paid 
from APF and NAF, surviving spouses of military members who died from a 
combat related incident, and those acting in loco parentis on behalf of 
the aforementioned eligible patrons, where a non-working spouse, or in 
the case of a DoD civilian employee with a same-sex domestic partner, 
is actively seeking employment. The status of actively seeking 
employment must be verified every 90 days.
    (3) Priority 3. The third priority for full-time care shall be 
given equally to qualifying children from birth through 12 years of age 
of active duty Military Service members, DoD civilian employees paid 
from APF and NAF, surviving spouses of military members who died from a 
combat related incident, and those acting in loco parentis on behalf of 
the aforementioned eligible patrons, where a non-working spouse, or in 
the case of a DoD civilian employee with a same-sex domestic partner, 
is enrolled in an accredited post-secondary institution. The status of 
post-secondary enrollment must be verified every 90 days.
    (4) Space Available. After meeting the needs of parents in 
priorities 1, 2, and 3, CDPs shall support the need for full-time care 
for other eligible patrons such as active duty Military Service members 
with non-working spouses, DoD civilian employees paid from APF and NAF 
with non-working spouses or same-sex domestic partners, eligible 
employees of DoD Contractors, Federal employees from non-DoD agencies, 
and military retirees on a space available basis. In this category, 
CDPs may also authorize otherwise ineligible patrons in accordance with 
10 U.S.C. 1783, 1791 through 1800, 2809, and 2812 to enroll in the CDP 
to make more efficient use of DoD facilities and resources.
    (5) Individual priorities will be determined based on the date of 
application with the DoD Component. Components may only establish sub-
priorities if unique mission related installation requirements are 
identified by higher headquarters.
    (b) Types of Care. The types of care offered for children from 
birth through 12 years of age include 24/7 care and care provided on a 
full-day, part-day, short-term or intermittent basis.
    (1) Military-Operated CDPs. Military-operated (on and off 
installation) CDPs generally include:
    (i) CDCs. Reference Table 1 of this section of this part for 
standards of operation for CDCs. CDCs primarily offer care to children 
from birth to 5 years of age, but may also be used to provide SAC 
programs.
    (ii) SAC Programs. Reference Table 1 of this section for SAC 
standards of

[[Page 28415]]

operation. SAC programs primarily offer care to children from 6 to 12 
years of age. Care may be offered in CDCs and other installation 
facilities, such as youth centers and schools.
    (iii) FCC. Reference Table 2 of this section for FCC standards of 
operation. Child care services are available to children from infancy 
through 12 years of age and are provided in government housing or in 
state licensed/regulated homes in the community.
    (iv) Supplemental Child Care. Services include short-term 
alternative child care options in approved settings on and off 
installation.
    (v) Part-Day and Hourly Programs. CDP space used for part-day and 
hourly programs, including programs to provide respite child care, 
shall not exceed 20 percent of the CDP program's capacity during duty 
hours.
    (2) Military Department, Defense Agency, and DoD Field Activity-
Approved Supplemental Child Care Programs. See paragraph (g) of this 
section.
    (c) Administration, Funding and Oversight of Military Operated 
CDPs. Unless otherwise noted, the requirements in this section apply to 
all DoD-operated CDPs.
    (1) Background Checks. All background checks for individuals who 
have regular, recurring contact with children and youth in CDPs, 
including adult family members of FCC providers and any individual over 
the age of 18 living in a home where child care is provided, and 
persons who serve as substitute or backup providers, shall be conducted 
in accordance with 32 CFR part 86.
    (2) Funding. CDPs are funded by a combination of APF and NAF.
    (i) The amount of APF used to operate CDPs shall be no less than 
the amount collected through child care fees, except for CDCs that 
operate under a long-term facility's contract or lease-purchase 
agreement under 10 U.S.C. 2809 and 2812.
    (A) A family's child care fee category is determined based on an 
initial and subsequent annual verification of TFI. Families pay the 
child care fee assigned to that TFI category. A family's fees may only 
be adjusted once per year, with exceptions listed in paragraph 
(c)(2)(i)(E) of this section. TFI is determined utilizing DD Form 2652.
    (B) APF may be used to subsidize child care in military-approved 
civilian programs in accordance with 10 U.S.C. 1791 through 1800.
    (C) DoD Components establishing child care fee assistance programs 
for their employees must contribute the amounts required to pay 
subsidies out of agency APFs.
    (D) FCC providers are private contractors. Fees are established 
between the provider and parent, unless such providers receive direct 
monetary subsidies. When FCC providers receive direct monetary 
subsidies to reduce the cost of care for the families they service, the 
installation commander or DoD Component shall determine relevant fees 
charged by FCC providers.
    (E) Fees may be adjusted:
    (1) By the installation commander, Defense Agency Director, or DoD 
Field Activity Director:
    (i) On a case-by-case basis for families who are facing financial 
hardship or unusual circumstances that merit review, in accordance with 
established DoD Component guidance.
    (ii) For parents participating in an approved parent participation 
program.
    (2) By the DoD Components, Defense Agency Director, or DoD Field 
Activity Director:
    (i) To accommodate an optional high market rate when it is 
necessary to pay higher wages to compete with local labor or at those 
installations where wages are affected by non-foreign area cost of 
living allowance (COLA), post differential or locality pay. The 
optional low market rate may be used in areas where costs for 
comparable care within the installation catchment area are 
significantly lower. A request to utilize the high or low market rate 
options must be submitted to OFP/CY for approval.
    (ii) To reflect changes in employment status, relocation, and 
annual internal reviews that find inaccurate determination or 
calculation of TFI.
    (iii) For CDP employees when CDC programs are facing operational 
hardships.
    (ii) Child Development Program Element APF may be used for:
    (A) Salaries of CDP employees.
    (B) Food.
    (C) Training and education.
    (D) Program accreditation fees and support services.
    (E) Travel and transportation.
    (F) Marketing, to include recruitment, retention, and participation 
efforts.
    (G) Supplies and equipment, to include lending libraries and 
training materials for use by FCC providers.
    (H) Local travel expenses incurred by FCC program staff using their 
private vehicles to perform government functions.
    (I) Direct monetary subsidies to FCC providers.
    (iii) To the maximum extent possible, child care fees shall cover 
the NAF cost of care, and NAF costs not covered by child care fees are 
to be minimized. Child care fees shall only be used for:
    (A) Compensation of direct care CDP employees who are classified as 
NAF employees, to include training and education, and recruitment and 
retention initiatives approved by the DoD Component.
    (B) Food-related expenses not paid by the USDA or DoD APFs.
    (C) Consumable supplies.
    (3) Facility Requirements and Construction.
    (i) Minimum prescribed construction standards:
    (A) For all Marine Corps, Navy, and Air Force CDC facility 
construction, the Unified Facilities Criteria (UFC) 4-740-14, ``Design: 
Child Development Centers'' (see http://www.wbdg.org/ccb/DOD/UFC/ufc_4_740_14.pdf) apply.
    (B) For all Army CDC facility construction, the Army Standard for 
Child Development Centers (see https://mrsi.usace.army.mil/fdt/Army%20Standards/CDC%20age%206wk%20to%205yr%20Army%20Standard.pdf) 
apply.
    (C) When SAC is provided in youth facilities, UFC 4-740-06, ``Youth 
Centers'' (see http://www.wbdg.org/ccb/DOD/UFC/ufc_4_740_06.pdf) and 
Service-specific exceptions to the UFC apply.
    (D) State and local construction standards may be used but are not 
required, except if the CDC facility is located on an area over which 
the United States has no legislative jurisdiction and then only if 
State and local standards are more stringent than those in UFC 4-740-
14.
    (ii) All facilities shall comply with the structural requirements 
of the National Fire Protection Association 101, ``Life Safety 
Code[supreg]'' 2012 (available at http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1)
    (4) Oversight.
    (i) DoD Certification Inspection. Installation-operated CDPs in 
which care is provided for 10 or more child care hours per week on a 
regular basis shall be certified to operate through inspections 
occurring no fewer than four (4) times a year. Inspections must be 
unannounced, and parent and staff feedback shall be solicited as part 
of the inspection process.
    (A) Three local inspections and one higher headquarters inspection 
shall be conducted to verify compliance with this part and DoD 
Component implementing guidance. Local inspection teams are led by a 
representative of the installation commander, Defense Agency Director, 
or Defense Field Activity Director, and

[[Page 28416]]

a multidisciplinary team, to include human resource, fire, health, and 
safety proponents, with expertise and authority to verify compliance 
with this part.
    (1) Local inspections include an annual comprehensive health and 
sanitation inspections, annual comprehensive fire and safety 
inspections, and a multidisciplinary inspection whose team that 
includes parent representation. Community representation on the team by 
appropriate professionals is highly encouraged.
    (2) DoD Component inspection teams inspecting CDPs serving children 
birth through 12 years of age shall include staff possessing:
    (i) A baccalaureate degree in child development, early childhood 
education (ECE), home economics (early childhood emphasis), elementary 
education, special education, or other degree appropriate to the 
position filled from an accredited college;
    (ii) Knowledge of child/youth development programs; or
    (iii) A combination of education and experience that provide 
knowledge comparable to that normally acquired through the successful 
completion of a 4-year degree (experience must include at least 3 years 
of full-time teaching or management experience with children of the 
appropriate age group).
    (3) Parents shall be interviewed as part of the DoD Component 
inspection. Additional inspections shall be conducted in response to 
program complaints in accordance with paragraph (b) of Sec.  79.5.
    (4) Results of DoD Component inspections shall be provided by the 
DoD Component to the ODASD(MC&FP) through OFP/CY. CDPs whose inspection 
results demonstrate compliance with this part shall receive DD Form 
2636. Certificates shall be displayed in a prominent location in the 
CDP.
    (5) Inspection results shall be made available to parents. Results 
from inspections of CDC programs shall be available online.
    (6) Periodic, unannounced inspections shall be made by the 
ODASD(MC&FP) to ensure compliance with the requirements in this part.
    (7) In response to each inspection, a corrective action plan with 
appropriate timelines shall be developed to address any deficiencies 
identified during inspection.
    (ii) Violations. The installation commander, Defense Agency 
Director or DoD Field Activity Director shall ensure the immediate 
remedy of any life-threatening violation of this part or other safety, 
health, and child welfare laws or regulations (discovered at an 
inspection or otherwise) at a DoD CDP, or he or she will close the 
facility (or affected parts of the facility).
    (A) In the case of a violation that is not life-threatening, the 
commander of the major command under which the installation concerned 
operates, or the Director of the Defense Agency or DoD Field Activity 
concerned, may waive the requirement that the violation be remedied 
immediately for up to 90 days beginning on the date of discovery of the 
violation.
    (B) If the violation that is not life-threatening is not remedied 
by the end of that 90-day period, the facility or parts involved will 
be closed until the violation is remedied.
    (C) The Secretary of the Military Department, or Director of the 
Defense Agency or DoD Field Activity concerned, may request a waiver of 
the requirements of the preceding sentence to authorize the program to 
remain open in a case where the violation cannot reasonably be remedied 
within the 90-day period or in which major facility reconstruction is 
required. A waiver request must be submitted to OFP/CY for approval.
    (iii) Accreditation. Eligible CDP facilities (excluding FCC) shall 
be accredited by a DoD-approved national accrediting body. CDP 
oversight is a statutory requirement involving an external nationally 
recognized accreditation process and internal DoD Certification 
process.
    (A) FCC providers shall be encouraged to seek accreditation from an 
appropriate national accrediting body.
    (B) The percentage of CDP facilities successfully achieving 
accreditation shall be reflected in the Annual Summary of Operations 
report referenced in Sec.  79.5.
    (iv) Monitoring. There shall be a system in place to monitor FCC 
homes on a regular basis during all hours of operation. The following 
information shall be maintained for FCC providers:
    (A) Results of family interview.
    (B) Background check with suitability determination.
    (C) Inspection results.
    (D) Insurance.
    (E) Training records.
    (F) Monitoring visit records.
    (5) Parent Board. In accordance with 10 U.S.C. 1783 and 1795, each 
CDP shall establish a Parent Board to discuss problems and concerns and 
to provide recommendations for improving CDPs. The Board, with the 
staff of the program, is responsible for coordinating a parent 
participation program.
    (i) The Board shall be composed only of parents of children 
enrolled in the installation CDP facilities that are Military Service 
members, retired Military Service members, or spouses of Military 
Service members or retired Military Service members, and chaired by 
such a parent.
    (ii) The Board shall meet periodically with the staff of the 
program and the installation commander, Defense Agency Director, or DoD 
Field Activity Director to discuss problems and concerns. Board 
recommendations shall be forwarded to the installation commander, 
Defense Agency Director, or DoD Field Activity Director for review and 
disposition. These recommendations are reviewed during the DoD 
certification inspection.
    (iii) The Board shall coordinate a parent participation program 
with CDP staff to ensure parents are involved in CDP planning and 
evaluation. In accordance with 10 U.S.C. 1795, parents participating in 
such program may be eligible for child care fees at a rate lower than 
the rate that otherwise applies.
    (6) Enrollment. To enroll in the CDP, parents shall complete DD 
Form 2606 or electronic equivalent, DoD Child Development Program 
Request for Care Record. At the time of enrollment in an installation-
based CDP, parents shall provide:
    (i) Child(ren)'s health and emergency contact information.
    (ii) Documentation that children have been fully immunized.
    (A) Children who have not received their age-appropriate 
immunizations prior to enrollment and do not have a documented 
religious or medical exemption from routine childhood immunizations 
shall show evidence of an appointment for immunizations; the 
immunization series must be initiated within 30 days.
    (B) Children in SAC are not required to provide documentation if 
they are enrolled in a local public school system where proof of 
currency of vaccination is required.
    (iii) Children's records shall be updated annually or as needed for 
their health, safety, or well-being.
    (7) Immunizations. Children enrolling in or currently enrolled in 
DoD CDPs must provide written documentation of immunizations 
appropriate for the child's age. Per AR 40-562/BUMEDINST 6230.15A/AFJI 
48-110/CG COMDTINST M6230.4F, ``Immunizations and Chemoprophylaxis'' 
(see http://www.vaccines.mil/documents/969r40_562.pdf), immunizations 
recommended by the ACIP are required.

[[Page 28417]]

    (i) All records shall be updated at least annually and kept on 
file. Any child not enrolled in a school system where proof of currency 
of vaccination is required must provide proof of currency.
    (ii) Children enrolled in a local public school system and 
volunteer sports coaches are excluded from this requirement.
    (iii) A waiver for an immunization exemption may be granted for 
medical or religious reasons. Philosophical exemptions are not 
permitted. The DoD Component must provide guidance on the waiver 
process.
    (A) A statement from the child's health care provider is required 
if an immunization may not be administered because of a medical 
condition. The statement must document the reason why the child is 
exempt.
    (B) If an immunization is not administered because of a parent's 
religious beliefs, the parent must provide a written statement stating 
that he or she objects to the vaccination based upon religious beliefs.
    (C) During a documented outbreak of a contagious disease (as 
determined by local DoD Medical authorities) that has a vaccine, the 
child who is attending the program under an immunization waiver for 
that vaccine, will be excluded from the program for his or her 
protection and the safety of the other children and staff until the 
contagious period is over.
    (iv) Civilian employees (including specified regular volunteers) 
and FCC providers shall obtain appropriate immunization against 
communicable diseases in accordance with recommendations from the ACIP. 
The requirement for appropriate immunization is a condition of 
continued employment or active participation in the program or 
organization.
    (A) This requirement is waived if a current immunization, a 
protective titer, or a medical exemption is approved and documented. A 
waiver for an immunization exemption may also be granted for religious 
reasons. Philosophical exemptions are not permitted.
    (B) The DoD Component must provide guidance on the waiver process. 
The DoD Component must approve all waivers and documentation of the 
waiver kept on file.
    (C) During a documented outbreak of a contagious disease, staff 
with a waiver will be excluded from the program for their protection 
and the safety of the other children and staff until the contagious 
period is over.
    (8) Child Abuse Prevention and Reporting. In accordance with 10 
U.S.C. 1794, CDPs shall minimize the risk for child abuse.
    (i) CDPs shall have standard operating procedures for reporting 
cases of suspected child abuse and neglect, and all employees, 
employees of DoD contractors, individuals working with CDPs, providers, 
volunteers and parents shall be informed of child abuse prevention, and 
identification and reporting requirements. Staff shall be knowledgeable 
of the child abuse reporting requirements.
    (ii) In accordance with 10 U.S.C. 1794, the DoD Child Abuse and 
Safety Hotline telephone number shall be posted in highly visible 
areas, including the facility lobby, where parents have easy access to 
the telephone number. The hotline number shall be published in parent 
handbooks and other media.
    (9) Programming and Standards of Operation. All CDPs shall 
establish a planned program of developmentally appropriate activities, 
and adhere to the standards of operation outlined in Tables 1 and 2 of 
this section.
    (d) Personnel. Installation-based CDP personnel and FCC providers 
shall meet the following requirements:
    (1) CDC Directors. CDC directors shall have at a minimum:
    (i) A baccalaureate degree in child development, ECE, home 
economics (early childhood emphasis), elementary education, special 
education, or other degree appropriate to the position filled from an 
accredited college; or
    (ii) A combination of education and experiences, which provide 
knowledge comparable to that normally acquired through the successful 
completion of the 4-year course of study in a child-related field.
    (2) SAC Directors. Directors shall have at a minimum:
    (i) A baccalaureate degree in a field of child or youth 
development, such as youth recreation, physical education, elementary 
education, secondary education, child development, psychology, social 
work, or other degree appropriate to the position filled from an 
accredited college; or
    (ii) A combination of education and experiences, which provide 
knowledge comparable to that normally acquired through the successful 
completion of the 4-year course of study in a child development or 
youth-related field.
    (3) Training and Curriculum Specialists. Each program within the 
CDP shall employ at least one training and curriculum specialist. 
Training and curriculum specialists shall have at a minimum:
    (i) A baccalaureate degree with a major course of study directly 
related to child or youth development, ECE or an equivalent field of 
study from an accredited college, or a combination of education and 
experiences, which provide knowledge comparable to that normally 
acquired through the successful completion of the 4-year course of 
study in the field of child or youth development or ECE.
    (ii) Knowledge of early childhood or youth education principles, 
concepts, and techniques to develop, interpret, monitor, and evaluate 
the execution of curriculum and age-appropriate activities.
    (iii) Knowledge of adult learning techniques and strategies and 
experience training adult learners.
    (iv) Ability to support DoD certification, accreditation, and staff 
credentialing (Child Development Associate (CDA), Associate of Arts 
(AA) Degree) by ensuring that required training is administered and 
successfully accomplished to meet statutory and program requirements.
    (4) FCC Administrators. FCC administrators shall have at a minimum:
    (i) A baccalaureate degree with a major course of study directly 
related to child or youth development, family studies, or an equivalent 
field of study from an accredited university; or
    (ii) A combination of education and experiences, which provide 
knowledge comparable to that normally acquired through the successful 
completion of the 4-year course of study in the field of child or youth 
development or family studies.
    (5) CDP Direct Care Personnel, Support Staff, and FCC Providers. 
CDP direct care personnel and support staff, as a condition of 
employment, and FCC providers shall, as a condition of participation:
    (i) Be at least 18 years of age.
    (ii) Hold a high school diploma or equivalent.
    (iii) Read, speak, and write English.
    (iv) Successfully pass a pre-employment physical, maintain current 
immunizations and be physically and behaviorally capable of performing 
the duties of the job.
    (e) Training. Each CDP must have a DoD Component-approved training 
program. Satisfactory completion of training is a condition of 
employment for staff in a center-based program and for providers 
offering care in FCC homes.
    (1) CDP Management Personnel. CDP management personnel, including 
CDP directors (CDC directors, FCC administrators, and SAC directors), 
shall receive annual training, which includes the following topics:
    (i) Child abuse prevention, identification, and reporting.

[[Page 28418]]

    (ii) Program administration, including APF and NAF financial 
management, funding metrics, and fiscal accountability.
    (iii) Staff development and personnel management.
    (iv) Prevention of illness and injury and promotion of health.
    (v) Emergency procedures and preparedness.
    (vi) Working with children with special needs.
    (vii) Developmentally appropriate practices.
    (2) Training and Curriculum Specialists. Training and curriculum 
specialists shall receive annual training, to include the following 
topics:
    (i) Child abuse prevention, identification, and reporting.
    (ii) Developmentally appropriate practices.
    (iii) Principles of adult learning.
    (iv) Prevention of illness and injury and promotion of health.
    (v) Emergency procedures.
    (vi) Working with children with special needs.
    (3) CDP Direct Care Personnel and FCC Providers.
    (i) Training requirements for direct care personnel (excluding FCC 
providers) shall be linked to the DoD CDP Employee Wage Plan 
implemented in response to 10 U.S.C. 1783, and 1791 through 1800 to 
include completion of the DoD-approved competency based training 
modules within DoD Component specified time frames.
    (ii) All newly hired CDP direct care personnel and FCC providers 
shall complete 40 hours of orientation. Orientation shall begin prior 
to working with children, with the full 40 hours completed within the 
first 90 days of employment. Orientation completion shall be documented 
for each direct care personnel or FCC provider. Orientation includes:
    (A) Working with children of different ages, including 
developmentally appropriate activities and environmental observations.
    (B) Age-appropriate guidance and discipline techniques.
    (C) Applicable regulations, policies, and procedures.
    (D) Child safety and fire prevention.
    (E) Child abuse prevention, identification, and reporting.
    (F) Parent and family relations.
    (G) Health and sanitation procedures, including blood-borne 
pathogens, occupational health hazards for direct care personnel, and 
recognizing symptoms of illness.
    (H) Emergency health and safety procedures, including pediatric 
cardiopulmonary resuscitation (CPR) and first aid.
    (I) Safe infant sleep practices and Sudden Infant Death Syndrome 
(SIDS) prevention.
    (J) Nutrition, obesity prevention, and meal service.
    (K) Working with children with special needs.
    (L) Accountability and child supervision training.
    (M) For FCC providers only, infant and child (pediatric) CPR and 
first aid must be completed prior to accepting children for care. 
Training shall be updated as necessary to maintain current 
certifications.
    (N) For FCC providers only, training in business operations.
    (iii) CDP direct care personnel and FCC providers shall complete 
additional training specified by the DoD Component within 90 days of 
beginning work. The training shall include, at a minimum, in-depth 
training on the subjects covered in the orientation as well as infant 
and child (pediatric) CPR and first aid, which shall be updated as 
necessary to maintain current certifications.
    (iv) CDP direct care personnel and FCC providers shall complete a 
minimum of 24 hours per year of ongoing training by the DoD Component 
approved training program. Training shall include child abuse 
prevention, identification and reporting, safe infant sleep practices 
and SIDS prevention, working with children with special needs, and if 
required, administering medication.
    (v) Substitute FCC providers must complete a basic orientation and 
background checks prior to providing care. Such orientation includes 
child abuse prevention, identification and reporting, working with 
children with special needs, safety procedures and pediatric CPR and 
first aid, and SIDS prevention. The FCC provider's spouse may serve as 
a backup provider on a limited basis, as designated by the DoD 
Component and must complete the required substitute FCC provider 
training.
    (4) CDP Support Staff. CDP support staff shall participate in 
annual training related to the latest techniques and procedures in 
child care, including topics on child abuse prevention, identification 
and reporting, and other training related to their position.
    (f) Volunteers. All volunteers shall be screened, trained, and 
supervised in accordance with DoD Instruction 1402.5 and 32 CFR part 
86; and DoD Instruction 1100.21, ``Voluntary Services in the Department 
of Defense'' (see http://www.dtic.mil/whs/directives/corres/pdf/110021p.pdf) and DoD Component implementing guidance, as appropriate to 
their role. Volunteers may not be alone with children and are not 
counted in the staff ratio. All regularly scheduled volunteers shall be 
trained in:
    (1) Program orientation.
    (2) Age-appropriate learning activities.
    (3) Child abuse identification, reporting and prevention.
    (4) Age-appropriate guidance and discipline.
    (5) Working with children with special needs.
    (6) Child health and safety.
    (7) Safe infant sleep practices and SIDS prevention.
    (8) Emergency procedures.
    (9) Applicable regulations and installation policy.
    (10) Role of the volunteer in the CDP.
    (g) Supplemental Child Care. On-site group care services are 
designed to provide occasional, intermittent care to children on an 
hourly basis, including respite child care.
    (1) When on-site group care is provided in an installation CDP 
facility by CDP staff members, the requirements of this part apply.
    (2) When on-site group care is provided in a non-CDP facility by 
CDP personnel and parents are not on site, the requirements of this 
part apply.
    (3) When on-site group care is provided in a non-CDP facility by 
CDP personnel and parents remain on site, the facility is not required 
to meet the requirements of this part.
    (4) When on-site group care is provided in an alternative facility 
by volunteers or parents, and the parent or guardian remain on site, 
the requirements of this part do not apply.
    (h) Administration and Oversight of Community-Based Care Providers.
    (1) Types of Care. Efforts shall be made to expand the availability 
of these programs through referrals to comparable programs off of the 
installation through participation in consortiums with other Federal 
and non-governmental entities.
    (i) Efforts shall be made to ensure quality, affordable child care 
options exist for all eligible patrons, including those who are 
geographically dispersed active duty military and their families. 
Community-based child care options are designed to supplement, not 
replace, child care programs on the installation.
    (ii) Care may be delivered through military-approved community-
based CDPs, utilizing a myriad of delivery systems, including existing 
child care facilities, schools, recreation and after-school and summer 
programs, and home-based care programs.
    (iii) Programs that support the needs of eligible deployed families 
in military-

[[Page 28419]]

approved community-based child care programs where care is needed for a 
short-term basis during the deployment phase must meet the State 
licensing regulations and requirements and be inspected by an outside 
agency once a year. All other types of care must meet the intent of 
this part.
    (iv) Programs shall meet State licensing standards for background 
checks.
    (v) Military-approved community-based child care programs will be 
encouraged to participate in an evaluation process utilizing the ERIS 
in this section, a detailed assessment tool developed by the DoD to 
evaluate facility-based child care providers.
    (2) Subsidies.
    (i) The DoD Components may subsidize a portion of the cost of child 
care incurred by eligible active duty and DoD civilian employees.
    (ii) Subsidies resulting from the child care provided to children 
of active duty military members are excluded from gross income pursuant 
to 26 U.S.C. 134.
    (iii) Subsidies provided to DoD civilian employees may qualify for 
exclusion from gross income, provided the specific program used 
qualifies under 26 U.S.C. 129(d) and the employee receives the subsidy 
for an eligible purpose on behalf of an eligible child as described in 
26 U.S.C. 21(a) and 21(b). Subsidies in excess of the excludable 
amounts will be treated as gross income under 26 U.S.C. 61. Employees 
are advised to consult with a qualified tax expert with questions or 
concerns related to taxability of child care subsidies.
    (iv) Child care programs and providers who offer their services 
under this provision must comply with the standards outlined in this 
part and must be approved by the plan administrator or designee prior 
to issuance of subsidy payments by a DoD Component.
    (v) The DoD Components are responsible for budgeting for child care 
subsidies and are not to establish a special fund out of which child 
care subsidies are paid, nor will eligible users of Military Child 
Development Programs be required to make a contribution as a condition 
of receiving a child care subsidy.
    (vi) The DoD Components have the discretion to amend or terminate 
their participation in a child care subsidy program under this plan at 
any time. The benefits in this section are not guaranteed and may be 
reduced by plan amendment.
    (vii) The OFP/CY will designate a TPA to administer the Military 
Department, Defense Agency, and DoD Field Activity civilian child care 
subsidy program for all DoD Components. Each civilian sponsor must 
register with the TPA contracted by the Defense Department.
    (A) The TPA shall annually document family and provider 
eligibility, TFI, child data, and other information required to comply 
with reporting requirements, in accordance with 26 U.S.C. 21(a), 21(b), 
61, 129, and 134.
    (B) The TPA shall provide authorization and payment of child care 
subsidies to the provider. All subsidy payments shall be made to the 
child care provider.
    (C) The TPA shall comply with fee assistance guidelines established 
by the individual DoD Components.
    (i) Augmented Program Support. When possible, CDPs should utilize 
personnel, such as behavioral health consultants and school liaison 
officers to assist the program staff and parents with children's 
social-emotional development and behavior. These personnel shall assist 
staff, parents, and children in developing skills to respond to 
challenging behaviors and reduce stress for staff and participating 
children.
    (j) CDC and SAC Standards of Operation, FCC Standards of Operation, 
and the ERIS.
    (1) Table 1 outlines the minimum operational standards required for 
installation-based CDCs and SACs to receive the DoD Certificate to 
Operate. These standards implement the policy requirements of 
paragraphs (a), (c)-(f), and (i) of this section. When a SAC program 
operates within a CDC, SAC standards of operation shall be used for the 
SAC portion of the program.
    (2) Table 2 outlines the minimum operational standards required for 
installation-based and affiliated FCC providers to receive the DoD 
Certificate to Operate. These standards implement the policy 
requirements outlined in the body of this part.
    (3) Table 3 outlines the operational standards for community-based 
child care facilities. These standards, in addition to the state 
licensing requirements, may be used to determine eligibility of child 
care subsidies under conditions designated by the DoD Components. 
Programs eligible to receive child care subsidies when the Service 
member is deployed must meet the state licensing requirements and be 
annually inspected.

      Table 1--CDC and School-Age Programs Standards of Operations
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
A. Administrative
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
The program has implemented the fee policy in accordance with current
 DoD and DoD Component guidance. If appropriate, the program has an
 approved waiver to utilize the high cost fee option.
75 percent of the program's total labor hours are paid to direct program
 staff who are in benefit status.
Unannounced inspections are conducted by program staff following
 complaints.
------------------------------------------------------------------------
B. Facility
------------------------------------------------------------------------
Facility: Both CDC and SAC
------------------------------------------------------------------------
The DoD Certificate to Operate is displayed in a prominent location.
Newly constructed CDP facilities follow the UFC or Service guidance for
 program capacity and capability.
The facility food service area supports the sanitary preparation and
 service of healthy foods.
All playgrounds, playground surfaces, and equipment meet American
 Society for Testing and Materials and Consumer Product Safety
 Commission (CPSC) guidelines.
There is a balance of sun and shade on the playground and a variety of
 surfaces, such as resilient surfaces, and natural elements. CDC
 playgrounds include equipment for riding, climbing, balancing, and
 swinging.
The program provides opportunities for active play every day, indoors
 and outdoors. Children have ample opportunity to do vigorous activities
 such as running, climbing, dancing, skipping, and jumping.
Programs use gardens to educate children about healthy eating.
The square footage of useable space for each child in each activity room
 meets the requirements of the UFC or Service-specific guidelines.

[[Page 28420]]

 
Sound absorbing materials, such as ceiling tiles and rugs are used to
 minimize noise levels.
Areas used by children have adequate lighting for safety, evacuation,
 and security measures, are ventilated and kept at a comfortable
 temperature.
There is adequate and convenient storage space for equipment and
 materials.
Individual space is provided for each child's belongings.
Supervised private areas where children can play or work alone or with a
 friend are available indoors and outdoors.
Bathrooms, drinking water, and hand-washing facilities are easily
 accessible to children.
Clean, sanitary drinking water is readily available at all times.
The facility includes a place for adults to take a break away from
 children, an adult bathroom, a secure place for staff to store their
 personal belongings, and an administrative area for planning or
 preparing materials that is separated from the children's areas.
The facility includes soft elements that help create a home-like
 environment.
------------------------------------------------------------------------
Facility: CDC ONLY
------------------------------------------------------------------------
The square footage of activity space per child meets the requirements of
 the UFC or Service specifications for facilities built after 2002. A
 minimum of 50 square feet per child of activity space is provided for
 infants in facilities built prior to 2002.
If more than one care group occupies a single room, each group has its
 own defined physical space and primary interest centers.
Outdoor play areas directly adjoin CDCs. Playgrounds for alternative
 program options must be accessible via a route free from hazards and
 are located within 1/8 mile from the facility.
Playgrounds are enclosed by a fence and meet the requirements of the
 UFC.
The square footage of playground space per child meets the requirements
 of the UFC or Service specific guidelines. The playground area is
 capable of supporting 30 percent of the total capacity of the CDC in a
 center of 100 or more children, and all the children in centers with a
 capacity of fewer than 100 children.
The facility has a designated place set aside for breastfeeding mothers
 who want to come during work to breastfeed, as well as a private area
 with an outlet (not a bathroom) for mothers to pump their breast milk.
------------------------------------------------------------------------
Facility: SAC ONLY
------------------------------------------------------------------------
There are separate male and female bathrooms for children as well as
 separate multi-unit restrooms for staff and visitors or a system to
 ensure that adults and teens do not use the bathrooms at the same time
 as children in SAC.
------------------------------------------------------------------------
C. Health and Sanitation
------------------------------------------------------------------------
Health and Sanitation: Both CDC and SAC
------------------------------------------------------------------------
A comprehensive health and sanitation inspection has been conducted
 within the last 12 months, corrective actions have been completed per
 specified timelines, and the inspection report is available for review.
The program shall require that all children enrolling in CDPs provide
 written documentation of immunizations appropriate for the child's age
 in accordance with Army Standard for Child Development Center. Children
 enrolled in the SAC program are not required to provide documentation
 if they are enrolled in a local public school system.
Staff employed by the CDP and regular volunteers shall be current for
 all immunizations recommended for adults by the ACIP of the Centers for
 Disease Control and Prevention. All must provide written documentation
 of immunization.
There is a policy in place that addresses the daily informal screening
 for illness based on criteria established by the DoD Component. This
 policy also addresses admission back into the CDP after an illness.
There is a policy in place that addresses food or other allergies,
 special accommodations, or potentially life-threatening conditions.
Individual medical problems and accidents are recorded and reported to
 management staff and families, and a written record is kept of such
 incidents.
Only physician-prescribed medications are administered; medications are
 only given with the written approval of the child's parents; and
 medications given are documented.
Providers have documented parental permission to apply basic topical
 care items such as sunscreen, insect repellant, and lotion.
A plan exists for dealing with medical emergencies that include written
 parental consent forms, and transportation arrangements approved by the
 DoD Component.
Policies and procedures are followed for administering and storing
 medication. Designated staff are trained to administer medications, and
 the training is updated annually or as required by state laws.
The facility is cleaned daily, and as needed throughout the day. Food
 preparation areas, bathrooms, diapering areas, hand-washing facilities,
 and drinking fountains are sanitary.
A sink with running water at a comfortable temperature of no more than
 110 degrees temperature is very close to bathrooms and diapering areas.
Staff and children wash hands before and after eating, after toileting
 and diapering, after handling animals, after entering the facility from
 outdoors, before water play, after wiping their nose, and after any
 other activity when the hands become contaminated. Signs are posted
 reminding staff and children of proper hand-washing procedures.
Staff and volunteers follow universal precautions to prevent
 transmission of blood-borne diseases and the program has a blood-borne
 pathogen procedure, as required by the Occupational Safety and Health
 Administration (OSHA).
The program requires parents to provide proper attire for active play
 indoors and outdoors.
At least one staff member, who has certification in first aid treatment,
 including CPR for infants and children and emergency management of
 choking, is always present. Current certificates are kept on file.
------------------------------------------------------------------------
Health and Sanitation: CDC ONLY
------------------------------------------------------------------------
Infant equipment is washed and disinfected at least daily. Toys that are
 mouthed are removed immediately after mouthing and are washed and
 sanitized prior to being used by another child.
Individual bedding is washed at least once a week and used by only one
 child between washings. Individual cribs, cots, and mats are washed if
 soiled.
Diapering procedures are in accordance with national recommendations and
 are posted in diapering areas.

[[Page 28421]]

 
Sinks used for diapering are not co-located with food service areas or
 the sink used for dishwashing.
------------------------------------------------------------------------
D. Fire and Safety
------------------------------------------------------------------------
Fire and Safety: Both CDC and SAC
------------------------------------------------------------------------
Comprehensive fire and safety inspections have been completed within the
 last 12 months, corrective actions have been completed per specified
 timelines, and the inspection reports are available for review.
A safety walk-through of all play areas is conducted daily. Safety
 concerns are identified, documented, and corrected immediately or put
 off limits to children until they can be corrected.
The building, playground, and all equipment are maintained in safe,
 clean condition, are in good repair, and there are no observable safety
 hazards in the indoor and outdoor program space.
Stairways and ramps are well lighted and equipped with handrails, where
 appropriate.
Fire extinguishers, smoke detectors, and carbon monoxide detectors,
 where required, are in working order, and documentation shows status is
 checked monthly.
Adequate first aid supplies are readily available and maintained. First
 aid supplies are available during field trips and outings.
Toys and materials do not present a choking hazard for children under
 age 3 years.
Chemicals and potentially dangerous products, such as medicine or
 cleaning supplies, are stored in original, labeled containers in locked
 cabinets inaccessible to children. Diluted bleach solution must be
 accessible to staff in an unlocked location, but inaccessible to
 children.
There is a written plan for reporting and managing emergencies,
 including terrorist attacks, severe storm warnings, medical and
 pandemic emergencies, or a lost or missing child, which includes
 shelter in place and evacuation procedures. Staff and volunteers
 understand the plan.
Evacuation drills are conducted monthly at different times of the day or
 evening when children are in care. The drills are documented.
Emergency telephone numbers including police, fire, rescue, and poison
 control services are posted by telephones and are available at all
 times.
Staff and regular volunteers are familiar with primary and secondary
 evacuation routes and practice evacuation procedures monthly with
 children.
A system is in place to keep unauthorized people from taking children
 from the program.
Smoking and use of tobacco is not permitted in the facility or in the
 sight or presence of children.
------------------------------------------------------------------------
Fire and Safety: CDC ONLY
------------------------------------------------------------------------
Cribs meet the current CPSC guidelines.
CPSC crib safety guidelines are followed: infants are placed on their
 backs for sleeping; soft cushions, such as pillows, comforters, thick
 blankets, quilts, or bumper pads are not used in cribs.
------------------------------------------------------------------------
E. Parent Involvement/Participation
------------------------------------------------------------------------
Parent Involvement/Participation: Both CDC and SAC
------------------------------------------------------------------------
Parents have access to their children at all times, are helped to feel
 welcome and comfortable, and are treated with respect.
Written information is available to families, including operating
 policies and procedures, program philosophy, and a parent participation
 plan.
Programs are encouraged to include the culture and language of the
 families they serve. Families are encouraged to share their heritage
 and culture.
Parents are offered a program orientation as a part of the child
 enrollment process.
Parents are informed about the program and curriculum and about policy
 or regulatory changes and other critical issues that could potentially
 affect the program, through newsletters, bulletin boards, technology,
 and other appropriate means.
Families are encouraged to participate in the planning and evaluation of
 the CDC and SAC programs with regards to their child's care and
 development. They are encouraged to be involved in the program in
 various ways, taking into consideration working parents and those with
 little spare time.
There is a parent board that meets on a scheduled basis through in-
 person or virtual meetings. The board meets periodically to provide
 opportunities for families to have input regarding policies,
 procedures, and plans for meeting children's needs.
Staff work in collaborative partnerships with families, establishing and
 maintaining daily or ongoing two-way communication with children's
 parents to build trust, share changes in a child's physical or
 emotional state regularly, facilitate smooth transitions for children,
 and ensure that children's learning and developmental needs are met.
Policies ensure that staff and parents have an effective way of
 negotiating difficulties and differences that arise in their
 interactions.
Programs inform families on how to increase physical activity, improve
 nutrition, and reduce screen time (TV, video games, computers, etc.).
The program provides information to parents to ensure that each child
 has routine health assessment by the child's primary care provider,
 according to standards of the AAP, to include evaluation for nutrition-
 related medical problems.
------------------------------------------------------------------------
Parent Involvement/Participation: CDC ONLY
------------------------------------------------------------------------
Conferences are held at least once per year and at other times, as
 needed, to discuss children's progress, accomplishments, and
 difficulties at home and at the program.
------------------------------------------------------------------------
F. Learning Activities and Interaction with Children
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
Learning activities reflect the program's written statement of its
 philosophy and goals for children. This statement is available to all
 staff and families.
The program is designed to reasonably accommodate and be inclusive of
 all children, including those with identified disabilities as well as
 special learning, medical, and developmental needs.
Programs have established a planned program of developmentally
 appropriate activities that recognizes the individual differences of
 children and provides an environment that encourages children's self-
 confidence, self-help, life skills, curiosity, creativity, and self-
 discipline.
Staff include age-appropriate nutrition education activities in the
 curriculum.

[[Page 28422]]

 
The daily schedule provides a balance of activities in consideration of
 the child's daily routine and experience.
Staff are engaged and interact frequently with children, speaking in a
 friendly, positive, and courteous manner, respectful of gender, race,
 religion, family background, special needs, and culture. The physical
 environment supports these interactions.
Staff conduct smooth and unregimented transitions between activities and
 are flexible in changing planned or routine activities, as appropriate.
 Infants and toddlers are not expected to function in large group
 activities.
Staff use a variety of teaching strategies to enhance children's
 learning and development throughout the day.
Staff addresses bullying and supports positive behavior by modeling
 appropriate behavior, responding consistently to issues, and
 encouraging children to resolve their own conflicts, when possible and
 appropriate.
The outdoor environment meets the needs of children, allows them to be
 independent and creative, and have access to a variety of age-
 appropriate outdoor equipment and games. Staff plan and participate in
 children's active play.
Program materials are in good condition, sufficient for the number of
 children in the program, developmentally appropriate for the age of the
 children, and appropriate to the activities offered.
Screen time and the use of passive media is limited and developmentally
 appropriate. Media viewing and computer use is not permitted for
 children younger than 2 years.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
There is a DoD Component-approved curriculum that supports school
 readiness. It is based on knowledge of child and youth development and
 learning, and assessment of individual needs and interests.
Developmentally appropriate activities emphasize concrete experiential
 learning and promote development in six developmental domains: social,
 physical, language and literacy, cognitive and intellectual, emotional,
 and cultural.
Individual observations of children's development and learning are
 written, compiled, assessed, and are used as a basis for planning
 appropriate learning activities.
Staff plan with families to make toileting, feeding, and the development
 of other self-regulation skills a positive experience for children.
------------------------------------------------------------------------
SAC Only
------------------------------------------------------------------------
Developmentally appropriate activities encourage physical fitness;
 positive self-esteem; intellectual, social, and physical achievement;
 leadership skills and initiative; lifelong recreation skill; positive
 use of leisure time; moral development and community leadership; self-
 reliance and independence; and respect for diversity.
SAC daily schedules are flexible, provide stability without being rigid,
 allow youth to
meet their physical needs (e.g., water, food, restrooms) in a relaxed
 way, allow children to move smoothly from one activity to another
 (usually at their own pace), and facilitate smooth transitions when it
 is necessary for children to move as a group.
Appropriate protected internet access and programs that teach technology
 are available.
------------------------------------------------------------------------
G. Nutrition and Food Service
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
Meals and snacks are a pleasant, social learning experience for
 children.
The DoD Components will establish policies that are consistent with USDA
 guidelines for meals provided by parents. Under limited circumstances
 when meals are provided by parents, food storage and handling
 procedures are approved by local health and sanitation authorities.
Unless documented circumstances approved by the DoD Component prevent
 enrollment, all programs must enroll in the USDA CACFP (United States
 Department of Agriculture Child and Adult Care Food Program).
Dietary modifications are made on the basis of recommendations by the
 child's primary medical care provider and are documented. Documentation
 is available for religious and medical dietary substitutions. Menus
 contain some vegetarian meals.
The program provides or posts menus showing all foods to be served
 during that month. Core and cyclical menus are approved by a
 nutritionist or registered dietician. Foods typical of the child's
 culture and religious preferences, as well as a variety of healthful
 foods that may not be familiar to the child, are included.
The program provides healthy meals and snacks that include restrictions
 on the provision of juice and beverages with added sweeteners and no
 fried, high-fat, or highly salted foods.
Meals and snacks are conducted using family-style dining. In SAC
 programs, snacks may be served buffet style.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
The program encourages, provides arrangements for, and supports
 breastfeeding.
There is an accountability system in place for bottles, including
 bottles for breast milk. Bottle-feeding is done in such a way as to
 minimize disease and promote interaction. Infants are held for bottle-
 feeding, bottles are never propped, never heated in a crock pot or
 microwave, and infants are never put to sleep with a bottle.
One adult should not feed more than one infant for bottle feeding, two
 children in high chairs, or three children who need assistance with
 feeding at the same time.
------------------------------------------------------------------------
H. Supervision of Children
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
The following staffing requirements are met at all times, except during
 nap time (for CDC):
    a. For infants from birth to 12 months, there are never more than
     four children per staff member.
    b. For pre-toddlers 13 months to 24 months, there are never more
     than five children per staff member.
    c. For toddlers, 25 months to 36 months, there are never more than
     seven children per staff member.
    d. For children 37 months through 5 years, there are never more than
     twelve children per staff member.
    e. For children 6 years through 12 years, there are never more than
     fifteen children per staff member.
During rest time, the staff-to-child ratios for children over 24 months
 of age may increase to twice the non-napping staff-to-child ratio.
 Sufficient staff are required to remain in the building during rest
 time to meet the non-napping ratios and be available to assist with
 emergencies.

[[Page 28423]]

 
The following maximum group sizes are followed at all times:
    a. For infants birth to 12 months, there are never more than eight
     children per group.
    b. For pre-toddlers 13 months to 24 months, there are never more
     than ten children per group.
    c. For toddlers, 25 to 36 months, there are never more than fourteen
     children per group.
    d. For children thirty-seven months through five years, there are
     never more than twenty-four children per group.
    e. For SAC, there are never more than thirty children per group.
In multi-age groupings, the Service may follow the ratio per age group.
 For example, four infants and five pre-toddlers equal a group of nine
 with two direct care personnel, or seven toddlers and twelve
 preschoolers equal a group of nineteen with two direct care personnel.
Volunteers or persons under 18 years of age may not be counted in
 determining compliance with staff-to-child ratios and are not allowed
 to work alone with children.
The program has an accountability system in place. Each staff member has
 primary responsibility and accountability for a group of children.
 There is specific accountability for each child by one staff member.
 Systems are in place for accounting for children's whereabouts,
 especially during periods of transition and emergencies.
Children are released only to their parents or guardian. Children may be
 released to a designee when signed permission is given by the parent or
 guardian.
Families are notified about procedures and policies for field trips.
 Families are notified of all activities outside the center.
Children are under adult supervision at all times. Staff are not
 permitted to use personal electronic devices (including, but not
 limited to cell phones, iPods, smart phones, etc.) when supervising
 children.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
At least two staff members must be present with each group of children
 at all times. When one staff person is alone with a single ratio of
 children, the program director or designee frequently monitors the room
 through closed circuit television or visual access panels to ensure
 oversight by more than one adult. In this case, the staff member must
 have an initiated National Agency Check Investigation (NACI) and the
 program director or designee must have a completed NACI.
Infants and toddlers spend the majority of the time interacting with
 staff who have primary responsibility for them each day.
------------------------------------------------------------------------
SAC Only
------------------------------------------------------------------------
At least two paid staff members shall be present whenever children are
 in the facility.
Adult volunteers may supplement paid staff during field trips and other
 activities away from the facility. Only paid staff are counted in the
 ratio.
Signed permission is given by the parent allowing the child to self-
 release for a specific organized activity. Self-release procedures are
 consistent with the installation home alone policy or self-care policy.
------------------------------------------------------------------------
I. Child Abuse Prevention and Reporting
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
A NACI to include a name-based criminal history record check (State and
 Federal) and fingerprint check has been initiated on all staff.
 Background checks are tracked to ensure completion in a timely manner.
All individuals in a CDP who have contact with children have completed a
 DD Form X656 ``Basic Criminal History and Statement of Admission''
Updates to the background checks are completed every five years.
Newly hired staff without a completed background check are readily
 identifiable and work within line of sight of a staff member with a
 completed check.
Hiring practices include careful checking of references of all potential
 employees and volunteers.
The program has a written guidance, discipline, and touch policy that is
 available to staff and families. Staff do not use corporal punishment
 or other negative discipline methods that hurt, humiliate, or frighten
 children.
The program has a child abuse and neglect policy that includes reporting
 requirements for staff as well as procedures to be followed should a
 staff member be accused of abuse or neglect. This information is
 included in employee handbooks. All staff are knowledgeable of the
 policy.
The DoD Child Abuse and Safety Hotline telephone number is displayed in
 a highly visible area where parents can see it. The telephone number is
 published in parent handbooks and other brochures.
The facility is designed in accordance with the Unified Facilities
 Criteria (UFC) 4-740-14, ``Design: Child Development Centers,'' to help
 minimize the risk of child abuse:
    a. Access to children by those not employed by the program is
     restricted.
    b. Areas to which a child or children can be taken out of view of
     others are limited.
    c. All exit doors that do not open onto a fenced area have operating
     alarms, except the main entrance to the facility and the kitchen
     entrance.
    d. Evening or weekend care is provided in rooms located near the
     front entryway to facilitate additional supervision by the front
     desk staff and parents.
    e. In the CDC:
        1) Children can be observed at all times by parents and
         supervisors.
        2) There is visual access into and throughout activity rooms
         used for care, including nap time. Closed-circuit television,
         vision panels, and convex mirrors are used as necessary to
         facilitate visual access.
        3) Diapering areas are visible.
All persons other than employees and family members bringing in or
 picking up children sign in and out at the front desk or with
 appropriate personnel. Visitors to the CDP shall sign in and out of the
 facility and wear a visitors badge at all times while they are in the
 facility or on playgrounds.
If transportation is provided for children by the program, vehicles are
 equipped with age-appropriate restraint devices in accordance with
 State and Federal requirements. The program maintains documentation
 that vehicles used in transporting children are appropriately licensed,
 inspected, and maintained. A current copy of the appropriate driver's
 license and Department of Motor Vehicles driving record is on file for
 staff members who transport children.
In SAC programs, a procedure for accountability when a child fails to
 show for the program is in place and followed.
------------------------------------------------------------------------

[[Page 28424]]

                   Table 2--FCC Standards of Operation
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
A. Administrative
------------------------------------------------------------------------
The installation regulates FCC in accordance with DoD Component
 requirements, ensuring care is not permitted unless subject to
 inspection and approval.
Processes are in place to support recruitment and retention of FCC
 providers.
Unannounced inspections are conducted by program staff following
 complaints.
------------------------------------------------------------------------
B. Home
------------------------------------------------------------------------
Where applicable, the DoD Component has a process to register and
 certify homes located off the installation or in privatized government
 housing.
The Certificate to Operate, issued by the DoD Component or designee, is
 displayed in a prominent location.
Providers can demonstrate proof of current liability insurance.
There is a signed contract between each family and provider. Parents are
 informed of changes in the provider's household composition.
Children are cared for by the provider or an approved substitute.
 Parents and the FCC administrator are informed when a substitute
 provider will be caring for their children. Civilian members of the
 provider's household providing care as a substitute must be approved
 and trained. Active duty Military Service members may serve as
 substitute providers only under circumstances approved by the DoD
 component.
There is adequate space indoors and outdoors in the home for the number
 of children in care to play, rest, and eat.
------------------------------------------------------------------------
C. Health and Sanitation
------------------------------------------------------------------------
On installations, comprehensive fire, safety, and sanitation inspections
 have been completed within the last 12 months, and the inspection
 reports are available for review.
The provider notifies parents and FCC of medical emergencies,
 communicable diseases or illness of the children, the provider, or the
 provider's family member(s). Health consultants will be informed based
 on installation policy.
Children are informally screened daily for illness based on criteria
 established by the DoD Component. Children are readmitted after illness
 only when their presence no longer endangers the health of other
 children.
Only physician-prescribed medications are administered; medications are
 only given with the written approval of the child's parents; and
 medications given are documented.
Providers have documented parental permission to apply basic topical
 care items such as sunscreen, insect repellant, and lotion.
Procedures for diapering, hand washing, and toileting are followed in
 accordance with national recommendations.
Providers follow universal precautions to prevent transmission of blood-
 borne diseases, and the provider has a blood-borne pathogen procedure,
 as required by OSHA.
Providers and children wash hands before and after eating, after
 toileting and diapering, after handling animals, after entering the
 home from outdoors, before water play, after wiping their nose, and
 after any other activity when the hands become contaminated. Signs are
 posted reminding providers and children of proper hand-washing
 procedures.
Homes are maintained in a sanitary manner.
Individual bedding is washed at least once a week and used by only one
 child between washings. Individual cribs, cots, and mats are washed if
 soiled.
Infant equipment is washed and disinfected at least daily. Toys that are
 mouthed are removed immediately after mouthing and are washed and
 sanitized prior to being used by another child.
All windows used for ventilation are properly screened.
Providers do not consume alcohol while children are in care.
Smoking is not permitted in the home or outdoor area while children are
 in care.
------------------------------------------------------------------------
D. Fire and Safety
------------------------------------------------------------------------
There are policies in place to ensure the home operates to protect
 children against the risk of fire and safety hazards.
There is a policy to keep children protected from hazards stemming from
 poisoning, toxic materials, electrical shock, standing water, unsafe
 playground equipment, and strangulation.
There is a written plan for reporting and managing emergencies,
 including terrorist attacks, severe storm warnings, medical and
 pandemic emergencies, or a lost or missing child, which includes
 shelter in place and evacuation procedures. Providers and volunteers
 understand the plan.
First aid supplies are readily available for emergencies and maintained.
Evacuation drills are conducted monthly at different times of the day or
 evening when children are in care. The drills are documented.
There is a working landline or cellular phone within the home. Emergency
 telephone numbers including police, fire, rescue, and poison control
 services, and instructions are accessible or kept with the
 telephone(s).
Providers use safety gates to prevent children from falls. Door locks
 that can entrap children inside a bathroom or bedroom may be opened
 from the outside.
If there are firearms in the home, the ammunition must be removed from
 the firearm. Firearms and ammunition are stored separately in locked
 cabinets that are inaccessible to children.
Young infants are placed on their backs for sleeping to lower the risk
 of SIDS. Soft cushions, pillows, thick blankets, and comforters are not
 used in cribs.
Providers shall not permit children to sleep in family beds unless a
 separate bed is designated for the child and clean linens are provided.
Cribs meet CPSC guidelines. The sides of infants' cribs shall be in a
 locked position when cribs are occupied and do not present a
 strangulation or entrapment hazard.
Providers inform parents if they will be taking children from the home
 while they are in care.
If transportation is provided for children by the provider, age-
 appropriate restraint devices are used, and appropriate safety
 precautions are taken.
A current copy of the driver's license and proof of insurance is on file
 for providers who transport children.
------------------------------------------------------------------------
E. Parent Involvement/Participation
------------------------------------------------------------------------
Parents are given access to the home at all times when their children
 are present.

[[Page 28425]]

 
Parents are provided with a copy of policies governing FCC.
The provider communicates regularly with parents and recognizes them as
 partners in the care of children, and there is a prominent place to
 display information for parents.
Parents are provided with information about the importance of routine
 health supervision by the child's primary care provider, according to
 standards of the AAP, to include evaluation for nutrition-related
 medical problems.
------------------------------------------------------------------------
F. Learning Activities and Interaction with Children
------------------------------------------------------------------------
Activities and experiences are provided daily that enhance children's
 physical, social, emotional, and cognitive development.
Activities include age-appropriate nutrition education.
There are enough toys and materials, home-made or purchased, to engage
 all the children in developmentally appropriate ways.
Toys, materials, and equipment are in good repair and are arranged so
 children are able to select and put toys and materials away with little
 or no assistance.
A variety of daily activities is planned for indoors and outdoors. There
 is a balance between child-initiated and adult-directed activities. A
 daily schedule of activities is posted for parents to see.
The provider plans and participates in children's active play.
The provider interacts frequently with the children and shows them
 affection and respect. The provider speaks to children in a friendly,
 courteous manner.
Children's routines are handled in a relaxed and individualized manner
 that promotes respect and opportunities to develop self-esteem, self-
 discipline, and learning by doing.
Screen time (e.g., non-active video games) and the use of passive media,
 (e.g., television, audio tapes), are limited and developmentally
 appropriate. Media viewing and computer use are not permitted for
 children younger than 2 years.
The provider observes and evaluates each child's growth and development
 for program planning.
------------------------------------------------------------------------
G. Nutrition and Meal Service
------------------------------------------------------------------------
Unless documented circumstances prevent enrollment, providers are
 offered the opportunity to enroll in the USDA CACFP and all meals and
 snacks are prepared, handled, transported, and served according to USDA
 CACFP guidelines found in 7 CFR part 226.
Providers develop written menus showing all foods to be served during
 that month, and the menus are available to parents and guardians. Menus
 are posted for meals and snacks.
Dietary modifications are made on the basis of recommendations by the
 child's primary care provider and are documented. Documentation is
 available for religious and medical dietary substitutions. Menus
 contain some vegetarian meals.
Meals and snacks include restrictions on the provision of juice and
 beverages with added sweeteners and limited high-fat and salted foods.
Food is prepared, served and stored in a sanitary manner. If meals are
 provided by parents, food storage and handling procedures are approved
 by local health and sanitation authorities.
All children present are served meals or snacks. Meals and snacks for
 toddlers, preschool, and school-age children use family-style dining.
Bottle-feeding is done in such a way as to minimize disease and promote
 interaction. Infants are held for bottle-feeding. Bottles are never
 propped, never heated in a crock pot or microwave, and infants are
 never put to sleep with a bottle.
There is an accountability system in place for bottles, including
 bottles for breast milk.
The provider encourages, provides arrangements for, and supports
 breastfeeding. There is an accountability system in place for bottles.
------------------------------------------------------------------------
H. Supervision of Children
------------------------------------------------------------------------
The maximum group size in a home is six children per provider, including
 the provider's own children under the age of eight.
    a. When all children are under the age of two, the maximum group
     size at any one time is three.
    b. In mixed-age groups, the number of children under two years of
     age is limited to two children.
    c. When all children are school-age, the maximum group size is
     eight.
Parents sign children in and out of the home on a daily basis. Children
 are only released to persons that parents have authorized in writing.
 Children may sign themselves out of the home consistent with the
 installation home alone policy or self-care policy and parental
 consent.
Providers supervise all children in care both inside and outdoors.
 School-age children may be outside without direct supervision as long
 as they are within sight or sound of the provider.
------------------------------------------------------------------------
I. Child Abuse Prevention and Reporting
------------------------------------------------------------------------
Providers, substitute providers, and individuals age 18 and older living
 in the home, must complete a background check annually.
All individuals in a CDP who have contact with children have completed a
 DD Form X656 ``Basic Criminal History and Statement of Admission''.
The DoD Child Abuse and Safety Hotline telephone number is displayed in
 a highly visible area where parents can see it. The telephone number is
 published in parent materials.
Children are never left alone with a visitor or another adult who is not
 authorized to care for children.
There is a guidance policy in place, and providers do not use corporal
 punishment or other negative discipline methods that hurt, humiliate,
 or frighten children.
------------------------------------------------------------------------

                              Table 3--ERIS
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Oversight
------------------------------------------------------------------------
The State Child Care Licensing/Regulating Agency conducts an annual on-
 site inspection of the facility and program.
------------------------------------------------------------------------
SCR 01--Staff-Child Ratio/Group Size (SCR)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
SCR 01.01.........................  RATIO (number of children per child
                                     care provider/staff). Ratios must
                                     be equal to or lower than:
                                      1:4 or less for infants (birth to
                                    12 months).

[[Page 28426]]

 
                                      1:5 or less for pre-toddlers (13-
                                    24 months).
                                      1:7 or less for toddlers (25-36
                                    months).
                                      1:12 or less for preschool (37
                                    months-5 years).
                                      1:15 or less for school age (6-12
                                    years).
SCR 01.02.........................  GROUP SIZE (the total number of
                                     children within various age
                                     groups). Group size must be equal
                                     to or lower than:
                                      Eight or less for infants (birth
                                    to 12 months) with two caregiving
                                    staff per eight infants.
                                      Ten or less for pre-toddlers (13-
                                    24 months) with two caregiving staff
                                    per ten pre-toddlers.
                                      Fourteen or less for toddlers (25-
                                    36 months) with two caregiving staff
                                    per fourteen toddlers.
                                      Twenty four or less for preschool
                                    (27 months-5 years) with two
                                    caregiving staff per twenty four
                                    preschoolers.
                                      Twenty four/thirty or less for
                                    school age (6-12 years) with two
                                    caregiving staff per twenty four/
                                    thirty school agers.
SCR 01.03.........................  MULTI-AGE GROUPINGS (more than one
                                     age group in a room). No more than
                                     TWO AGE GROUPs may be combined
                                     within 18 month range (THIS DOES
                                     NOT APPLY TO SAC). Each age group
                                     is represented by appropriate
                                     ratio. Examples: two caregiving
                                     staff: four infants and five pre-
                                     toddlers; twp caregiving staff:
                                     five pre-toddlers and seven
                                     toddlers; two caregiving staff:
                                     seven toddlers and twelve
                                     preschoolers.
------------------------------------------------------------------------
BAC 02--Background Check/Child Abuse Prevention (BAC)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
BAC 2.01..........................  Background checks are completed and
                                     documented for each employee or
                                     regular volunteer who is in contact
                                     with children, including
                                     management, administration,
                                     classroom, support staff, and
                                     individuals contracted for hire.
BAC 02.02.........................  Background checks are renewed and
                                     documented every 5 years for each
                                     employee or regular volunteer who
                                     is in contact with children,
                                     including management and
                                     administration, classroom staff,
                                     and support staff.
BAC 02.03.a.......................  Background checks include
                                     documentation of State Criminal
                                     History Repository completed for
                                     all states that an employee or
                                     prospective employee lists as
                                     current and former residences, in
                                     an employment application by using
                                     fingerprints.
BAC 02.03.b.......................  Background checks include
                                     documentation of FBI fingerprint
                                     check and name-based criminal
                                     history records check of law
                                     enforcement records completed for
                                     any States lived in by applicant
                                     during the past 5 years.
BAC 02.03.c.......................  Background checks include
                                     documentation of a review of the
                                     State Child Abuse Registry.
BAC 02.03.d.......................  Background checks include a review
                                     of the State Sex Offender Registry.
BAC 02.04.........................  Each employee and regular volunteer
                                     is trained annually about child
                                     abuse prevention, common symptoms,
                                     and signs of child abuse.
BAC 02.05.........................  All employees and regular volunteers
                                     are trained annually on HOW to
                                     report, WHERE to report, and WHEN
                                     to report possible child abuse or
                                     neglect.
------------------------------------------------------------------------
SR 03--Staff Requirements (SR)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
SR 03.01.a........................  Director has a minimum of a
                                     Bachelor's Degree (BA) in childhood
                                     education, child development,
                                     social work, nursing, or other
                                     child-related field AND experience
                                     working with the age groups
                                     enrolled in the program.
                                    In the event that the director does
                                     not have a BA degree in those
                                     areas, the director must have an AA
                                     degree and must be working toward
                                     the completion of a BA degree.
SR 03.01.b........................  The director is not responsible for
                                     a classroom of children.
SR 03.02..........................  The direct care personnel are at
                                     least 18 years old and have a high
                                     school diploma or a graduation
                                     equivalency diploma (GED).
------------------------------------------------------------------------
TRG 04--Training Requirements (TRG)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
TRG 04.01.........................  Orientation is provided for each
                                     staff member and includes training
                                     on the following: early childhood
                                     development and education; child
                                     abuse recognition, prevention, and
                                     reporting; safety; first aid;
                                     proper hygiene; and positive
                                     guidance.
TRG 04.02.a.......................  There is an annual training plan for
                                     directors. Topics shall include,
                                     but are not limited to:
                                      Child abuse prevention and
                                    positive guidance.
                                      Universally accepted health and
                                    safety practices to include hand
                                    washing.
                                      Emergency preparedness and
                                    evacuation procedures.
                                      Social and emotional needs of
                                    children.
                                      Developmentally appropriate
                                    practices.
                                      General management practices, such
                                    as financial management, facility
                                    management, staff development, and
                                    working with parents.
                                      Safe sleep practices.
TRG 04.02.b.......................  There is an annual training plan for
                                     staff that include topics such as:
                                      Child abuse prevention and
                                    positive guidance.
                                      Universally accepted health and
                                    safety practices to include hand
                                    washing.
                                      Social and emotional needs of
                                    children.

[[Page 28427]]

 
                                      Developmentally appropriate
                                    practices.
TRG 04.03.........................  Staff complete forty hours of
                                     initial orientation training within
                                     the first three months.
TRG 04.04.........................  Staff are required to complete at
                                     least 24 hours of training per
                                     year.
TRG 04.05.........................  At least one staff member certified
                                     in emergency pediatric first aid
                                     treatment, including CPR for
                                     infants and children and emergency
                                     management of choking, is present
                                     in the facility during hours of
                                     operation.
------------------------------------------------------------------------
IMM 05--Immunizations (IMM)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
IMM 05.01.........................  Children's records include EITHER:
                                      Documentation of current age-
                                    appropriate immunizations, as
                                    recommended by the AAP; OR
                                      A letter of exception on file and
                                    a statement of medical religious
                                    exception.
IMM 05.02.........................  Staff files include a copy of a TB
                                     screening. Also included is
                                     documentation of a general health
                                     assessment or a physical
                                     examination completed during
                                     employment in-processing.
                                     Information is available at: http://www.cdc.gov/media/.
------------------------------------------------------------------------
SUP 06--Supervision/Guidance (SUP)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
SUP 06.01.a.......................  The written policies and practices
                                     of the program specify that staff
                                     supervise children at all times,
                                     including nap times. No child is
                                     left alone or unsupervised.
SUP 06.01.b.......................  The written policies and practices
                                     of the program specify that
                                     children are released only to
                                     persons listed on the child's
                                     registration form or for whom the
                                     parents have provided written
                                     authorization.
SUP 06.01.c.......................  The written policies and practices
                                     of the program specify that parent,
                                     or authorized adult, signs children
                                     in and out upon arrival and
                                     departure each day, and attendance
                                     records are kept.
                                    A system is in place for accounting
                                     for school-age arriving from school
                                     or other activities without the
                                     parent (for example, children
                                     transported to the program by a
                                     school bus).
SUP 06.02.........................  Organizational policy prohibits:
                                     punishment by spanking or hitting
                                     or other physical means, to include
                                     corporal punishment; isolation from
                                     adult sight; confinement, binding,
                                     humiliation, or verbal abuse;
                                     deprivation of food and water,
                                     outdoor play or activities, or
                                     other program components;
                                     inappropriate touch; and punishment
                                     for lapses in toilet training or
                                     refusing food.
------------------------------------------------------------------------
DRL 07--Evacuation and Fire Drills (DRL)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
DRL 07.01.........................  The program has a written plan for
                                     emergency evacuation (for example,
                                     a plan for evacuating building
                                     occupants in case of fire, tornado,
                                     earthquake, hurricane, or other
                                     disaster that could pose a health
                                     and safety hazard).
DRL 07.02.........................  Procedures are in place to ensure
                                     all children in attendance are
                                     accounted for during an evacuation
                                     drill or event.
DRL 07.03.........................  There is an automatic fire detection
                                     and alarm system in place, and it
                                     is operational.
DRL 07.04.........................  A fire extinguisher is accessible
                                     and in operating condition.
DRL 07.05.........................  Fire and emergency evacuation drill
                                     procedures are practiced at least
                                     monthly.
------------------------------------------------------------------------
HWD 08--Hand Washing and Diapering (HWD)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
HWD 08.01.........................  Policies are in place to ensure
                                     staff and children wash their hands
                                     with soap and warm running water:
                                      Before eating or food preparation.
                                      After toileting or changing
                                    diapers.
                                      After handling animals, and after
                                    any other activity when the hands
                                    may become contaminated to include
                                    returning from outside.
HWD 08.02.........................  Toileting and diapering areas are
                                     not located in food preparation
                                     areas. The areas are in easily
                                     visible locations and are sanitary.
------------------------------------------------------------------------
MED 09--Medication and Health (MED)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
                                    If the program does not administer
                                     medications, proceed to 09.02.
MED 09.01.a.......................  The program has a written policy and
                                     clear procedures on administering
                                     medicine, proper storage, and
                                     labeling.
MED 09.01.b.......................  If medication (prescription and/or
                                     over-the-counter) is administered,
                                     written parental permission is kept
                                     on file and instructions from a
                                     physician are required (``N/A'' is
                                     allowed if no children currently
                                     receive medication).
MED 09.01.c.......................  Designated staff are trained to
                                     administer the medicine, and the
                                     training is updated annually.
MED 09.02.........................  First aid kits are readily available
                                     and maintained.
MED 09.03.a.......................  Programs provide healthy meals and
                                     snacks consistent the U.S. Dietary
                                     Guidelines and are encouraged to
                                     participate in the USDA CACFP.
MED 09.03.b.......................  Programs are encouraged to limit
                                     sugar-sweetened juices, beverages,
                                     and snacks, and high-fat and high-
                                     salt foods.

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MED 09.04.........................  Bottle-feeding is done in such a way
                                     to minimize disease and promote
                                     interaction. For example, infants
                                     are held for bottle-feeding,
                                     bottles are never propped, never
                                     heated in a crock pot or microwave,
                                     and infants are never put to sleep
                                     with a bottle.
------------------------------------------------------------------------
EMG 10--Emergency Plan/Contact Information (EMG)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
EMG 10.01.a.......................  There is a written plan for
                                     reporting and managing a lost or
                                     missing child.
EMG 10.01.b.......................  There is a written plan for
                                     reporting and managing injuries
                                     requiring medical or dental care,
                                     including hospitalization or
                                     serious injury.
EMG 10.01.c.......................  There is a written plan for
                                     reporting and managing abuse or
                                     neglect of a child.
EMG 10.01.d.......................  There is a written policy that
                                     requires all parents to provide
                                     emergency information to include:
                                      Multiple contact phone numbers
                                    (work, cellular, home).
                                      Emergency contact phone numbers
                                    (relatives or friends) authorized to
                                    pick up the child if parent cannot
                                    be reached.
                                      The child's physician, dentist,
                                    and emergency room preference.
------------------------------------------------------------------------
OUT 11--Outdoor Play Area (OUT)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
OUT 11.01.........................  The playground and all equipment are
                                     maintained in safe, clean
                                     condition, in good repair, and
                                     there are no observable safety
                                     hazards and no entrapment areas.
OUT 11.02.........................  Playground equipment is surrounded
                                     by resilient surfaces (e.g., fine,
                                     loose sand, wood chips, wood mulch)
                                     of an acceptable depth (9 inches)
                                     or by rubber mats manufactured for
                                     such use.
OUT 11.03.........................  The playground equipment is arranged
                                     to ensure that a child is visible
                                     and supervision is maintained.
OUT 11.04.........................  There is a plan to check and inspect
                                     playgrounds on a weekly basis. Each
                                     staff member is responsible for
                                     immediately reporting hazards or
                                     unsafe areas to the director.
------------------------------------------------------------------------
HAZ 12--Hazardous Materials and General Safety (HAZ)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
HAZ 12.01.........................  Accident protection and liability
                                     insurance coverage are maintained
                                     for children and adults.
HAZ 12.02.........................  All chemicals and potentially
                                     dangerous products, such as
                                     medicine or cleaning supplies are
                                     stored in original, labeled
                                     containers in locked cabinets
                                     inaccessible to children.
HAZ 12.03.........................  Poisonous or potentially harmful
                                     plants on the premises are
                                     inaccessible to children.
HAZ 12.04.........................  Children are protected from
                                     accidental drowning by limiting
                                     access to all bodies of water.
HAZ 12.05.........................  Electrical outlets are covered in
                                     all areas accessible to children,
                                     including corridors.
HAZ 12.06.........................  Toys and art supplies are made of
                                     safe, non-toxic, durable, and
                                     cleanable materials.
HAZ 12.07.........................  There are no items that could cause
                                     choking or strangulation.
                                    Additional information is available
                                     at: http://www.cpsc.gov/.
HAZ 12.08.a.......................  Infants are placed on their backs
                                     for sleeping to lower the risk of
                                     SIDS.
HAZ 12.08.b.......................  Staff make sure that soft surfaces
                                     such as pillows, quilts, thick
                                     blankets, and soft bumpers are not
                                     used in the crib.
HAZ 12.09.........................  The building has been inspected for
                                     dangerous substances such as lead,
                                     radon, formaldehyde, asbestos,
                                     etc., in accordance with State
                                     requirements.
------------------------------------------------------------------------
PAR 13--Parent Involvement (PAR)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
PAR 13.01.........................  Families are offered an orientation
                                     and information prior to enrolling
                                     to include: hours of operation,
                                     enrollment policies, program costs,
                                     inclusion of special needs
                                     children, and opportunities for
                                     parent involvement.
PAR 13.02.........................  The program policy clearly includes
                                     open door policy; family members
                                     are welcome visitors in the program
                                     at all times.
PAR 13.03.........................  The program provides opportunities
                                     for communication between parents
                                     and staff verbally or in writing on
                                     a daily basis.
------------------------------------------------------------------------
DEV 14--Developmentally Appropriate Environment and Materials (DEV)
------------------------------------------------------------------------
                                Standard
------------------------------------------------------------------------
DEV 14.01.........................  Classrooms are arranged to
                                     facilitate a variety of activities
                                     for each age group and provide
                                     areas where children can play and
                                     work independently or with friends.
DEV 14.02.........................  Classrooms are well lit, ventilated,
                                     and kept at a comfortable
                                     temperature.
DEV 14.03.a.......................  Staff offer a variety of
                                     developmentally appropriate
                                     activities and materials for
                                     children indoors and outdoors that
                                     are respective of children's race,
                                     gender, religion, family
                                     background, culture, age, and
                                     special needs and include:
                                      Language and literacy.
                                      Physical development.
                                      Health, safety, and nutrition.
                                      Creative expression.

[[Page 28429]]

 
                                      Cognitive development.
                                      Social and emotional development.
DEV 14.03.b.......................  Weekly classroom schedules include
                                     opportunities for alternating
                                     periods of quiet and active play,
                                     child-initiated and teacher-
                                     initiated activity, and individual,
                                     small group, and large group
                                     activities. Schedules are available
                                     for parents to review.
DEV 14.03.c.......................  Programs provide an opportunity for
                                     physical activity on a daily basis.
DEV 14.03.d.......................  Screen time (e.g., non-active video
                                     games) and the use of passive media
                                     (e.g., television, audio tapes) are
                                     limited and developmentally
                                     appropriate.
------------------------------------------------------------------------

    Dated: May 9, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-11105 Filed 5-15-14; 8:45 am]
BILLING CODE 5001-06-P
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